Waller County District Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A motion to continue a trial setting must be presented under the Texas Rules of Civil Procedure, and any proposed order must specify a new trial date and time.
- Continuance motions must comply with the Code of Criminal Procedure and the scheduling order, and the court generally will not consider a continuance motion on the scheduled trial date absent good cause and compliance with these rules.
- A continuance motion must comply with the Code of Criminal Procedure and the scheduling order; absent good cause and compliance, the court will not consider it on the scheduled trial date.
- +4 more
Request must include
- A continuance requires ten days' notice after filing.
Communication
Phone
Clerk
Document Filing Requirements53 rules
Upon approval of a docket control order the parties shall submit a setting request to the Court Coordinator for any trial setting.
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
Please provide your proposed order along with your Motion for Default Judgment.
- Document
- Default judgment
Include
- •Proposed order
Certificates of service are required on all pleadings, and failure to properly notify opposing counsel of a submitted matter may result in sanctions and costs.
- Document
- Pleading
Include
- •Certificate of service
Court's wording
Please see Court Quirks on the 506th District Court's and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.
A summary-judgment motion must state its grounds in numerical order, identify supporting facts and their sources and locations, and include concise cited arguments referencing the evidence.
Court's wording
The motion shall state the specific grounds thereof in numerical order and shall state the specific facts relied upon in each ground, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
A summary-judgment response must follow the motion’s numerical order, identify the facts and their sources and locations, and include concise cited arguments referencing the evidence.
Court's wording
The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specific facts relied upon, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
A response to a Rule 91(a) motion must follow the motion’s numerical order, identify the law or facts opposing dismissal, specify pleading locations, and provide concise cited arguments.
Court's wording
The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 91(a). Any response shall state the specific law and/or facts relied upon, identify any allegations, inferences drawn from and/or specific facts relied upon to defeat the motion, and specify where in the pleadings the allegations, inferences drawn from and/or specific facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled.
Please see Court Quirks on the 506th District Court Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.
- Document
- Pleadings
Include
- •Certificate of service
A Rule 91(a) motion must state the grounds for dismissal, identify supporting law or facts, and include clear arguments with citations and specific pleading or evidentiary references.
Court's wording
The motion shall state either that the cause of action should be dismissed on the grounds that it has no basis in law or fact or both. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific law that if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to relief sought. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific facts that show that no reasonable person could believe the facts that have been plead. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the pleadings and evidence that show the Rule 91(a) motion should be granted.
Please see Court Quirks on the 506th District Court and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.
- Document
- Pleadings
Include
- •Certificate of service
Each party must provide the court, before trial or jury selection, written jury definitions, instructions, and questions for affirmative-burden issues, in both written and court-specified electronic form.
Court's wording
Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affirmative burden. The charge shall be provided in both written form and via email, flash drive or other electronic form specified by the court.
For an affirmative true-bill vote by at least nine grand jury members, the Secretary must enter only the session date, defendant’s name, offense, and supporting witness names in the Grand Jury Minute Book.
Court's wording
When a true bill of indictment is voted in the affirmative by at least nine members of the Grand Jury, the following information shall be entered by the Secretary of the Grand Jury in the Grand Jury Minute Book, and nothing else, to wit: 1. the date of the session; 2. name of the person indicted; 3. offense; and 4. names of the witnesses upon which the indictment is founded.
A Certificate of No-Bill must be signed by the Grand Jury Foreperson and certify presentation to the Grand Jury and return of a no-bill.
Court's wording
When a defendant is "no-billed", meaning that a case was presented to the grand jury regarding an individual and less than nine affirmative votes were given for a true bill of indictment, a Certificate of No-Bill shall be signed by the Foreperson certifying that the case was presented to the Grand Jury and that a no-bill was returned.
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
The setting request shall be in the form as posted on the Court's webpage for each respective court.
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
By representing a matter as unopposed, counsel is certifying to the Court that opposing counsel is aware of the matter and has no objection to its entry.
The moving party may use a Notice of Submission or a letter of submission to bring the matter to the Court's attention. Please provide your proposed order along with your Motion for Default Judgment.
- Document
- Default judgment
Include
- •Proposed order
The heading of the motion shall state that it is unopposed.
A summary-judgment motion must present its grounds in numerical order, identify the facts and their sources, and provide concise cited arguments supported by references to the summary-judgment evidence.
Court's wording
The motion shall state the specific grounds thereof in numerical order and shall state the specific facts relied upon in each ground, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
Please see Court Quirks on the 506th District Court's and each County Court At Law's Webpage regarding certificates of service on all pleadings.
- Document
- Pleadings
Include
- •Certificate of service
Please see Court Quirks on the 506th District Court Webpage regarding certificates of service on all pleadings.
- Document
- Pleadings
Include
- •Certificate of service
A Rule 91(a) response must follow the motion's numerical order and identify the cited law, facts, allegations, or inferences and their locations in the pleadings.
Court's wording
The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 91(a). Any response shall state the specific law and/or facts relied upon, identify any allegations, inferences drawn from and/or specific facts relied upon to defeat the motion, and specify where in the pleadings the allegations, inferences drawn from and/or specific facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled.
A Rule 91(a) motion must identify its legal or factual grounds, state the supporting law or facts, and include concise cited arguments with specific pleading and evidentiary references.
Court's wording
The motion shall state either that that the cause of action should be dismissed on the grounds that it has no basis in law or fact or both. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific law that if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to relief sought. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific facts that show that no reasonable person could believe the facts that have been plead. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the pleadings and evidence that show the Rule 91(a) motion should be granted.
**Please see Court Quirks on the 506th District Court and each County Court At Law's Webpage** regarding certificates of service on all pleadings.
- Document
- Pleadings
Include
- •Certificate of service
A summary-judgment response must follow the motion's numerical order, identify the facts and their sources, and present concise cited arguments referencing the summary-judgment evidence.
Court's wording
The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specific facts relied upon, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.
Each party must provide the Court before trial or jury selection with written and court-specified electronically delivered jury definitions, instructions, and questions for which the party bears an affirmative burden.
Court's wording
Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affirmative burden. The charge shall be provided in both written form and via email, flash drive or other electronic form specified by the court.
Each court will adopt a scheduling order that shall be delivered to the defendant and counsel at arraignment. The defendant and his counsel and counsel for the state shall sign the scheduling order.
Sureties requesting a release on their liability on a Bail Bond must complete an Affidavit to Release Surety and present the completed affidavit along with an Order of Surrender to the Court in which the case of the defendant is currently pending.
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 or response
Must include
- •Proposed order
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
- Opposed motion or response
Must include
- •Certificate of conference
Certificates of service apply to all pleadings, and failure to properly notify opposing counsel of a submitted matter may result in sanctions and costs.
- Document
- Pleading
Include
- •Certificate of service
Court's wording
Please see Court Ouirks on the 506th District Court's and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notifu opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.
The response shall address the motion in the same numerical order established in the motion for summary judgment.
The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
The response shall set out a clear and concise argument with ho (! appropriate citations to authorities relied upon and specific references to the summary judgment evidence.
The motion shall state the specific grounds thereof in numerical order and shall state the specific facts relied upon in each ground, identi! the source of those facts, and specif, where in the summary judgment evidence the facts are found.
The motion shall state either that that the cause of action should be dismissed on the grounds that it has no basis in law or fact or both.
The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 91(a).
The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the pleadings and evidence that show the Rule 91(a) motion should be granted.
The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled.
Please see Court Ouirks on the 506th District Court and each Countv Court At Law's Webpage regarding certificates of service on all pleadings.
- Document
- Pleading
Include
- •Certificate of service
Each party must prepare and present all expected jury-charge definitions, instructions, and questions for affirmative-burden issues before trial or jury selection.
Court's wording
Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and @o) upon which the parry has an affirmative burden.
The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.
The charge shall be provided in both written form and via email, h0 (! flash drive or other electronic form specified by the court.
The District Attorney must place specified case and co-defendant information in a non-substantive part of each criminal indictment.
Court's wording
The District Attorney shall note on a non-substantive part of the indictment the following information: Whether there are other pending, indicted cases on the defendant; Whether the indictment is a re-indictment and; The names of any co-defendants not named in the indictment.
The District Attorney shall also furnish the clerk information in writing as to whether or not a non-standard bond will be sought by the State and the factors supporting same.
All matters that may be submitted by agreement of all parties. On such fully agreed matters, the Court will sign the Order on presentment without a submission period. Such matters must show the signatures of all counsel or pro se parties. The heading of the motion shall state that it is agreed.
Trial counsel must make a bona fide early settlement effort, confer with the client and opposing counsel about settlement offers, and promptly notify the court after settling or dismissing a case set for trial.
Court's wording
All trial counsel are required to make a bona fide effort to settle cases at the earliest possible date before trial. The court will expect counsel to confer with his/her client and with opposing counsel concerning settlement offers. When an attorney settles or dismisses a case that is set for trial, he shall give notice to the court as soon as possible.
All other certificates shall be held by the clerk under seal, unless ordered released by the 506th District court.
All grand jury members present must sign the Grand Jury Minute Book to document attendance and quorum.
Court's wording
When the Grand Jury begins a session, the District Clerk shall have all members present sign the Grand Jury Minute Book as proof of their presence at the session and to make a record of the fact that a quorum was present at the session.
Fully agreed matters may be submitted without a hearing or submission period when all counsel or pro se parties sign and the motion heading states that it is agreed.
Court's wording
All matters that may be submitted by agreement of all parties. On such fully agreed matters, the Court will sign the Order on presentment without a submission period. Such matters must show the signatures of all TN o) counsel or pro se parties. The heading of the motion shall state that it is agreed.
Filing & Service rules
Electronic Filing Rules
Civil cases between $500 and $250,000, probate and Estates Code cases, and juvenile cases must be electronically filed with the County Clerk's office.
All civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, probate cases and cases filed under the Texas Estates Code, and Juvenile cases shall be efiled with the County Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above.
Page 8 | RULE 3.1 GENERAL
Civil cases exceeding $250,000 and all Family Law cases, including DFPS cases, must be electronically filed with the District Clerk's office.
All civil cases in which the matter in controversy exceeds $250,000 and all Family Law cases (including Department of Family & Protective Services (DFPS) cases) shall be efiled with the District Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above.
Page 8 | RULE 3.1 GENERAL
Summary-judgment motions may be filed under submission, and the notice period to opposing counsel is 30 days after filing for both standard and no-evidence motions.
Motions for Summary Judgment Rule 166(b) TRCP may be filed under submission. The Court will follow Rule 166(b) TRCP for submission filings regarding motions for summary judgment, save and except, the 21 day notice to opposing counsel requirement under section (c) of Rule 166(a) of the TRCP is extended to 30-days after filing for both standard and no-evidence motions for summary judgment.
Page 12 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
Civil cases involving more than $250,000 and all Family Law cases, including DFPS cases, must be electronically filed with the District Clerk's office.
All civil cases in which the matter in controversy exceeds $250,000 and all Family Law cases (including Department of Family & Protective Services (DFPS) cases) shall be efiled with the District Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above.
Page 4 | RULE 3.1 GENERAL
Civil cases involving more than $500 but no more than $250,000, probate and Texas Estates Code cases, and juvenile cases must be efiled with the County Clerk's office and assigned among the courts under Rule 1.3.
All civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, probate cases and cases filed under the Texas Estates Code, and Juvenile cases shall be efiled with the County Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above.
Page 4 | RULE 3.1 GENERAL
Civil cases from more than $500 through $250,000, probate cases, Texas Estates Code cases, and juvenile cases must be electronically filed with the County Clerk's office.
All civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, probate cases and cases filed under the Texas Estates Code, and Juvenile cases shall be efiled with the County Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above.
Page 7 | RULE 3.1 GENERAL
Civil cases exceeding $250,000 and all Family Law and DFPS cases must be electronically filed with the District Clerk's office.
All civil cases in which the matter in controversy exceeds $250,000 and all Family Law cases (including Department of Family & Protective Services (DFPS) cases) shall be efiled with the District Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above.
Page 7 | RULE 3.1 GENERAL
Rule 91(a) motions for dismissal of baseless causes of action may be filed under submission, and the Court will apply Rule 91(a) TRCP to those submissions.
Motions for Dismissal of Baseless Causes of Action under Rule 91(a) TRCP may be filed under submission. The Court will follow Rule 91(a) TRCP for submission filings regarding motions for dismissal of baseless causes of action.
Page 11 | B. Pre-Trial Motions (Dismissal of Baseless Causes of Action Rule 91(a) TRCP) — Submission Guidelines
Filing Timing and Cure Windows
Responses must be filed before the hearing, failure to respond may be treated as no opposition, and a reply may be filed after the response and before the ruling.
Responses shall be filed before the hearing date. Failure to file a response may be considered a representation of no opposition. A reply may be filed at any time after a response is filed prior to the court's ruling.
Page 9 | RULE 3.6 PRE-TRIAL MOTIONS
A motion to withdraw requires ten days' notice after filing without client consent but may be submitted immediately with signed client consent.
Motion To Withdraw: Without client consent: 10-days notice after filing. With signed client consent: immediate submission.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A motion to substitute counsel requires three days' notice after filing, or ten days' notice if the substitution affects a hearing or trial setting.
Substitution of Counsel: 3-days notice after filing. If substitution will affect any hearing or trial setting, 10-days notice will be required.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
Special exceptions presented without a hearing require ten days' notice after filing.
Special Exceptions: presentment without hearing: 10-days notice after filing.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A motion for default judgment requires three days' notice after filing and may be submitted any time after fifteen days from the answer date; the moving party may use a notice or letter of submission and must provide a proposed order.
Default Judgments: 3-days notice after filing of the Motion, with the Motion submitted at any time following 15-days after the answer date. The reason for the delay after answer date is to insure that all probable methods of delivery of a response have been exhausted. The moving party may use a Notice of Submission or a letter of submission to bring the matter to the Court's attention. Please provide your proposed order along with your Motion for Default Judgment.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
Other matters may be submitted only with the Court's consent.
Other matters: With consent of the Court.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A response not filed within the submission period may be treated as no opposition, and only responses in the clerk's file before the submission date will be considered.
Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter. Responses must be in the Clerk's file prior to the submission date or they will not be considered.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A motion for leave to designate a responsible third party requires ten days after filing before submission.
Motion for Leave to Designate Responsible Third Party: 10-days after filing.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A matter labeled unopposed may be submitted without a hearing after a three-day submission period, but counsel must certify that opposing counsel is aware and has no objection, and the motion heading must state that it is unopposed.
Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need of a hearing. By representing a matter as unopposed, counsel is certifying to the Court that opposing counsel is aware of the matter and has no objection to its entry. The Court will sign the Order on presentment after a 3-day submission period. The heading of the motion shall state that it is unopposed.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A motion for entry of order requires ten days' notice after filing.
Motion for Entry of Order: 10-days notice after filing.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
For submitted summary-judgment motions, the 21-day notice requirement is extended to 30 days after filing for standard and no-evidence motions.
The Court will follow Rule 166(b) TRCP for submission filings regarding motions for summary judgment, save and except, the 21 day notice to opposing counsel requirement under section (c) of Rule 166(a) of the TRCP is extended to 30-days after filing for both standard and no-evidence motions for summary judgment.
Page 12 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
A response must be filed before the hearing date, and failure to do so may be treated as a representation of no opposition.
Responses shall be filed before the hearing date. Failure to file a response may be considered a representation of no opposition.
Page 5 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Response
A response must be in the clerk's file before the submission date; a timely response not in the file will not be considered, and failure to respond within the submission period may be treated as no opposition.
**Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter. Responses must be in the Clerk's file prior to the submission date or they will not be considered.**
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A default judgment motion requires 3 days' notice after filing and may be submitted any time after 15 days from the answer date.
**Default Judgments**: 3-days notice after filing of the Motion, with the Motion submitted at any time following 15-days after the answer date.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
The Rule 166 summary-judgment notice requirement is extended from 21 days to 30 days after filing.
This will allow the 21-day notice, plus additional time for weekends, holidays and mailing to take effect.
Page 8 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
A written response must be filed before the hearing date; failure to respond may be treated as no opposition, and a reply may be filed after the response but before the ruling.
Responses shall be in writing. Responses shall be filed before the hearing date. Failure to file a response may be considered a representation of no opposition. A reply may be filed at any time after a response is filed prior to the court's ruling.
Page 9 | RULE 3.7 PRE-TRIAL MOTIONS — A. Response
A motion for default judgment requires three days' notice after filing and may be submitted after fifteen days from the answer date; a proposed order must accompany the motion.
Default Judsments: 3-days notice after filing of the Motion, with the Motion submitted at any time following l5-days after the answer date. The reason for the delay after answer date is to insure that all probable methods of delivery of a response have been exhausted. The mov ing party may use a Notice of Submission or a letter of submission to bring the matter to the Court's attention. Please provide your proposed order along with your Motion for Default Judgment.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 3
For summary judgment motions filed under submission, the notice period for opposing counsel is extended to 30 days after filing for both standard and no-evidence motions.
The Court will follow Rule 166(b) TRCP for submission filings regarding motions for summary judgment, save and except, the 21 day notice to opposing counsel requirement under section (c) of Rule 166(a) of the TRCP is extended to 30-days after filing for both standard and no-evidence motions for summary judgment.
Page 12 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
A response to a matter filed under submission must be in the clerk's file before the submission date to be considered.
Responses must be in the Clerk's file prior to the submission date or thev will not be considered.
Page 12 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
An appointment-of-ad-litem matter may be submitted immediately.
Appointment of Ad Litem: Immediate submission.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A nonsuit or dismissal may be submitted immediately when filed by the party seeking affirmative relief, and counsel is presumed to know whether the opposing side has affirmative-relief pleadings on file.
Nonsuit or Dismissal: Immediate submission. This is predicated on the motion being filed by the party seeking affirmative relief. Counsel is presumed to know whether the opposing side has pleadings on file seeking affirmative relief.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A substituted-service matter may be submitted immediately.
Substituted Service: Immediate submission.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A citation-by-publication matter may be submitted immediately.
Citation by Publication: Immediate submission.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
An ex parte matter may be submitted immediately before service is effected or before an appearance; the court will decide whether a hearing is required and notify the requesting party.
Ex parte matters: When service has not been effected or prior to an appearance, ex parte matters may be submitted immediately to the Court for consideration. The Court will determine whether a hearing will then be required and notify the requesting party accordingly.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A reply may be filed after the response but before the court rules.
A reply may be filed at any time after a response is filed prior to the court's ruling.
Page 5 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Response
A citation by publication may be submitted immediately.
**Citation by Publication**: Immediate submission.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion concerning substituted service may be submitted immediately.
**Substituted Service**: Immediate submission.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion for leave to designate a responsible third party requires 10 days after filing.
**Motion for Leave to Designate Responsible Third Party**: 10-days after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A substitution of counsel ordinarily requires 3 days' notice after filing, but 10 days' notice is required if it will affect a hearing or trial setting.
**Substitution of Counsel**: 3-days notice after filing. If substitution will affect any hearing or trial setting, 10-days notice will be required.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion for entry of order requires 10 days' notice after filing the Notice of Submission.
**Motion for Entry of Order**: 10-days notice after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
An ex parte matter may be submitted immediately before service is effected or before an appearance.
When service has not been effected or prior to an appearance, ex parte matters may be submitted immediately to the Court for consideration.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion to appoint an ad litem may be submitted immediately.
**Appointment of Ad Litem**: Immediate submission.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
For the listed submission categories, the submission period is calculated from the filing date of the Notice of Submission.
In this subsection, "filing" refers to the date of the filing of the Notice of Submission.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A continuance submitted without a hearing requires 10 days' notice after filing the Notice of Submission.
**Continuance**: 10-days notice after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion to withdraw without client consent requires 10 days' notice after filing, while a motion supported by signed client consent may be submitted immediately.
**Motion To Withdraw**: Without client consent: 10-days notice after filing. With signed client consent: immediate submission.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A special exception submitted for presentment without a hearing requires 10 days' notice after filing.
**Special Exceptions**: presentment without hearing: 10-days notice after filing.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
**Nonsuit or Dismissal**: Immediate submission. This is predicated on the motion being filed by the party seeking affirmative relief. Counsel is presumed to know whether the opposing side has pleadings on file seeking affirmative relief.
**Nonsuit or Dismissal**: Immediate submission. This is predicated on the motion being filed by the party seeking affirmative relief. Counsel is presumed to know whether the opposing side has pleadings on file seeking affirmative relief.
Page 6 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
A motion to withdraw requires ten days' notice after filing without client consent but may be submitted immediately with signed client consent.
Motion To Withdraw: Without client consent: 10-days notice after filing. With signed client consent: immediate submission.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 3
A motion to substitute counsel requires three days' notice after filing, or ten days when the substitution affects a hearing or trial setting.
Substitution of Counsel: 3-days notice after filing. If substitution will affect any hearing or ffial setting, lO-days notice will be required.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 3
Special exceptions submitted by presentment without a hearing require ten days' notice after filing.
Special Exceptions: presentment without hearing: lO-days notice after filing.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 3
When service has not been effected or before an appearance, an ex parte matter may be submitted immediately, after which the court will determine whether a hearing is required.
Ex parte matters: When service has not been effected or prior to an appearance, ex parte matters may be submitted immediately to the Court for consideration. The Court will determine whether a hearing will then be required and notify the requesting party accordingly.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 3
A motion for entry of order requires ten days' notice after filing.
Motion for Entrv of Order: 10-days notice after filing.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 3
An unopposed matter may be submitted without a hearing if the heading states that it is unopposed; the court will sign the order after a three-day submission period.
Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need ofa hearing. By representing a matter as unopposed, counsel is certifying to the Court that opposing counsel is aware of the matter and has no objection to its entry. The Court will sign the Order on presentment after a3-day submission period. The heading of the motion shall state that it is unopposed.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 2
A nonsuit or dismissal may be submitted immediately when filed by the party seeking affirmative relief.
Nonsuit or Dismissal: Immediate submission. This is predicated on the motion being filed by the party seeking affirmative relief.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 3
A matter involving substituted service may be submitted immediately.
Substituted Service: Immediate submission.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 3
Service and Proof of Service Rules
Hearing and trial setting requests must be submitted in writing through the applicable court coordinator using the court's posted form, with notice served on all counsel and pro se parties; approved settings are confirmed in writing.
Requests for hearings and trials in the 506th District Court and in the County Courts At Law Court shall be made in writing to each respective court through the court coordinator of each respective court, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request. The setting request shall be in the form as posted on the Court's webpage for each respective court. If the setting request is approved, the court coordinator will confirm the setting in writing.
Page 9 | RULE 3.5 DOCKET SETTINGS
When a defendant is under bond, the no-bill certificate must be delivered immediately to the surety or bondsman and the defendant.
A copy of the certificate shall be delivered to the surety (bondsman) and the defendant immediately.
Page 15 | Rule 5.1: Grand Juries and Assignment of Cases — B. Grand Jury Minute Book
When a defendant is under arrest, the no-bill certificate must be delivered immediately to the Sheriff and the defendant.
If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the defendant immediately.
Page 15 | Rule 5.1: Grand Juries and Assignment of Cases — B. Grand Jury Minute Book
Hearing and trial setting requests must be submitted in writing through the appropriate court coordinator, with notice served on all counsel and pro se parties.
Requests for hearings and trials in the 506th District Court and in the County Courts At Law Court shall be made in writing to each respective court through the court coordinator of each respective court, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.
Page 5 | RULE 3.5 DOCKET SETTINGS — A. Setting Requests
All pro se parties upon filing any petition or responsive pleading should provide an email address for service via efile, as well as address and current phone number. Any party unable to provide such information above must file a pleading requesting an exception to this rule.
All pro se parties upon filing any petition or responsive pleading should provide an email address for service via efile, as well as address and current phone number. Any party unable to provide such information above must file a pleading requesting an exception to this rule.
Page 8 | RULE 3.3 B. Pro Se
Pro se parties should provide an email address for efile service, an address, and a current phone number when filing any petition or responsive pleading; parties unable to provide this information must file a pleading requesting an exception.
All pro se parties upon filing any petition or responsive pleading should provide an email address for service via efile, as well as address and current phone number. Any party unable to provide such information above must file a pleading requesting an exception to this rule.
Page 8 | RULE 3.4 DISTRICT CLERK & COUNTY CLERK — B. Pro Se
Process may be served anywhere by a sheriff, constable, or other legally authorized person, including an authorized person at least 18 years old or a person certified by the Supreme Court.
Process (including citation and other notices, writs, orders, and other papers issued by the court) may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the Supreme Court.
Page 8 | RULE 3.2 SERVICE OF PROCESS
Court process and related papers may be served anywhere by specified court-authorized persons, including sheriffs, constables, and qualifying persons certified by the Supreme Court.
Process (including citation and other notices, writs, orders, and other papers issued by the court) may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the Supreme Court.
Page 4 | RULE 3.2 SERVICE OF PROCESS
Process may be served anywhere by a sheriff, constable, or other legally authorized person.
Process (including citation and other notices, writs, orders, and other papers issued by the court) may be served anywhere by (l) any sheriffor constable or other person authorized by law, (2) any person authorized by law or by written order ofthe court who is not less than eighteen years ofage, or (3) any person certified under order ofthe Supreme Court.
Page 8 | RULE 3.3 SERVICE OF PROCESS
Filing Bundling Requirements
Summary-judgment motions may be filed under submission and remain governed by Rule 166(b), except that the notice period is extended to 30 days after filing for standard and no-evidence motions.
Motions for Summary Judgment Rule 166(b) TRCP may be filed under submission. The Court will follow Rule 166(b) TRCP for submission filings regarding motions for summary judgment, save and except, the 21 day notice to opposing counsel requirement under section (c) of Rule 166(a) of the TRCP is extended to 30-days after filing for both standard and no-evidence motions for summary judgment.
Page 8 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
A fully agreed matter may be submitted without a hearing or submission period, must show all counsel or pro se signatures, and must identify itself as agreed in the motion heading.
On such fully agreed matters, the Court will sign the Order on presentment without a submission period. Such matters must show the signatures of all counsel or pro se parties. The heading of the motion shall state that it is agreed.
Page 5 | RULE 3.6 PRE-TRIAL MOTIONS — A. Pre-Trial Motions — Submission Guidelines
Summary judgment motions may be filed under submission.
Motions for Summary Judgment Rule 166(b) TRCP may be filed under submission.
Page 12 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
Rule 91(a) motions may be filed under submission and remain governed by Rule 91(a).
Motions for Dismissal of Baseless Causes of Action under Rule 91(a) TRCP may be filed under submission. The Court will follow Rule 91(a) TRCP for submission filings regarding motions for dismissal of baseless causes of action.
Page 7 | Submission Guidelines for Motions for Dismissal of Baseless Causes of Action Rule 91(a) TRCP
Adjournment & Extension Requirements
A continuance requires ten days' notice after filing.
Continuance: 10-days notice after filing.
Page 10 | RULE 3.6 PRE-TRIAL MOTIONS — Submission Guidelines
A motion to continue a trial setting must be presented under the Texas Rules of Civil Procedure, and any proposed order must specify a new trial date and time.
Any motion for continuance of the trial setting shall be presented to the court pursuant to the Texas Rules of Civil Procedure. The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time.
Page 12 | RULE 3.8 CONTINUANCES
Continuance motions must comply with the Code of Criminal Procedure and the scheduling order, and the court generally will not consider a continuance motion on the scheduled trial date absent good cause and compliance with these rules.
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 in accordance with the scheduling order. 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 17 | RULE 5.11 MOTIONS FOR CONTINUANCE
A continuance motion must comply with the Code of Criminal Procedure and the scheduling order; absent good cause and compliance, the court will not consider it 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 in accordance with the scheduling order. 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 14 | RULE 5.11 MOTIONS FOR CONTINUANCE
A motion to continue a trial setting must be presented under the Texas Rules of Civil Procedure.
Any motion for continuance of the trial setting shall be presented to the court pursuant to the Texas Rules of Civil Procedure.
Page 12 | RULE 3.9 CONTINUANCES
Every continuance motion must comply with the Code of Criminal Procedure and be presented to the court in accordance with the scheduling order.
All motions for continuance, whether filed by the State or the defendant, must comply with the applicable law cn contained in the Code of Criminal Procedure and must be presented to and considered by the court in accordance r{ 0) with the scheduling order.
Page 17 | RULE 5.II MOTIONS FOR CONTINUANCE
The court will not consider a continuance motion on the scheduled trial date unless good cause is shown and the applicable rules are satisfied.
Except for good cause shown and upon compliance with these rules, the court shall not h0 consider any motion for continuance on the scheduled trial date.
Page 17 | RULE 5.II MOTIONS FOR CONTINUANCE
A continuance submitted without a hearing requires ten days' notice after filing.
Continuance: l0-days notice after filing.
Page 10 | RULE 3.7 PRE-TRIAL MOTIONS — A. Submission Guidelines, item 3
Chambers Communication Rules
The court clerk may answer only limited status inquiries by telephone, including whether specified documents were filed, whether a case exists, service return, case style when the case number is supplied, order signature, and jury-fee payment.
The court clerk shall limit response to telephone requests for information to the following: Whether or not a specific document has been filed (i.e. answer). This does not authorize a fishing expedition. Existence ofcase on file. Return ofservice and date. Correct style of case when correct case number is supplied. Ifan order has been signed. Whether or not a jury fee has been paid and date of payment.
Page 8 | RULE 3.4 DISTRICT CLERK & COUNTY CLERK — A. Telephone Requests
The court clerk's telephone responses are limited to specified case-status and filing information, and do not authorize a fishing expedition.
The court clerk shall limit response to telephone requests for information to the following: Whether or not a specific document has been filed (i.e. answer). This does not authorize a fishing expedition. Existence of case on file. Return of service and date. Correct style of case when correct case number is supplied. If an order has been signed. Whether or not a jury fee has been paid and date of payment.
Page 8 | RULE 3.3 A. Telephone Requests
The courts encourage and use appropriate alternative dispute resolution procedures to promote early settlement and fulfill their statutory responsibilities.
In order to encourage the early settlement of disputes and to carry out the responsibilities of the courts as set out in Chapter 154 of the Texas Civil Practices and Remedies Code, appropriate alternative dispute resolution procedures will be encouraged and utilized.
Page 12 | A. Alternate Dispute Resolution
The courts encourage mediation in civil cases to facilitate settlement, while the trial court has discretion over the mediator and mediation procedures.
The courts encourage mediation in order to facilitate the settlement of disputes and litigation. See each Court's respective webpage for the Court's procedure for the use of mediation in all civil cases. It is in the sound discretion of the trial court whom to use as a mediator and the procedures for same.
Page 12 | B. Mediation
After considering a submitted matter, the Court may set a hearing, and the Court Coordinator will attempt to arrange a mutually acceptable date as soon as practicable.
After consideration of submitted matters, the Court may elect to set a hearing on the matter. In that event, the Court Coordinator will attempt to set a mutually acceptable date for the hearing, as soon as practicable. Due to the limited docket days in rural counties, that is not always possible.
Page 12 | Submission Guidelines for Summary Judgment Rule 166(b) TRCP
The court clerk will answer specified case-status and clerical questions by telephone, including whether a document was filed, whether the case exists, service return, case style, order signature, and jury-fee payment, but not unrelated or fishing inquiries.
The court clerk shall limit response to telephone requests for information to the following: Whether or not a specific document has been filed (i.e. answer). This does not authorize a fishing expedition. Existence of case on file. Return of service and date. Correct style of case when correct case number is supplied. If an order has been signed. Whether or not a jury fee has been paid and date of payment.
Page 4 | RULE 3.3 DISTRICT CLERK & COUNTY CLERK — A. Telephone Requests