Judge Gary W. Chaney
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Summary Judgment Motion, Summary Judgment Response
Adjournments
- A continuance request requires ten days' notice after filing.
Communication
Phone
Phone
Court-wideClerk
Document Format Requirements14 rules
All digital recordings shall be offered into evidence before the jury formatted as follows: for audio, in MP3; for video, in MP4; for photographs and documents, portable document format (pdf).
- Digital audio recording
Formatting
- •Audio recordings must be formatted as MP3
Exhibits must be pre-marked with inadmissible matters redacted (e.g. insurance).
Please prepare a typed application that contains the information listed below.
Formatting
- •Typed application
The application must include a one-page business-letterhead letter explaining the applicant’s qualifications and any other important information.
Formatting
- •One page
- •Business letterhead
Court's wording
Attach to your application a one page letter on your business letterhead outlining why you believe you are qualified to serve as a Contract Indigent Defense Attorney in the indicated area, as well as other information you believe to be important.
Mark Envelopes: Indigent Attomey Application.
- Application
Formatting
- •Mark the envelope “Indigent Attomey Application.”
Attached is an instruction sheet for Application For Contract Indigent Defense Attorney for criminal cases. Please use a form that you may locally produce in substantially that format.
All exhibits, including all documents and photographs, will be marked on the lower right front of the item in an unobtrusive location.
- Exhibits
Formatting
- •Mark each exhibit on the lower right front in an unobtrusive location
Exhibits with multiple pages will be tightly clipped or stapled at the upper left edge.
- Binding
- Stapled
- Exhibits
Most edating apps and programs will drop in the date with a single action, in the proper format. Therefore, don’t use a date group at the beginning of your document; only at the end. If you feel compelled to use a date at the beginning, use a simple blank line.
On Search Warrants, Subpoenas, Orders for Assistance, Temporary Restraining Orders, and other documents requiring a “certification” statement and a time, the format should be as follows: ORDERED and Certified this date: _______________________ Time: ______________________
- Search warrant
- Subpoena
- Order for assistance
- Temporary restraining order
Formatting
- •Place “Time: ” on a separate line
- •Follow the date and time with the judge’s signature line
Documents with fill-in date blanks must use a single closing date line in the form “DATED: ___________________________.”
Formatting
- •Use one closing date line formatted as “DATED: ”
- •Do not use separate blanks for the day, month, and year
Court's wording
The better format is as shown below using a single date line. It is faster and cleaner. Therefore, for e-signatures and edating on “fill-in-the-date-blank” type documents, submit the date blanks in a format as follows: DATED: ___________________________
An order or document containing an order must begin with “On this date, came on to be …” rather than a blank date line.
- Order
Formatting
- •Do not begin with a blank date-line reference
Court's wording
When formatting, preparing, and filing an order, or a document containing an order, do not start your Order with a date line reference, such as, “On this ___ day of _____, 20___, came on to be ….”. Just start it out as follows: “On this date, came on to be ….”.
Fill out your papers using a black or blue ink pen or a typewriter. Print carefully and legibly.
Formatting
- •Print carefully and legibly
Bring your requested jury charge on a disc in a format compatible to the Court's. That would be either WordPerfect 10 or 12, or Word in any level. A flash drive is helpful but a CD is OK if that is what you have. Whatever medium you give to the court, make sure that you don’t have your diary or pictures of your kids on it.
Document Filing Requirements73 rules
When Chapter 62 registration requirements apply, proof of notice to the appropriate local law-enforcement authority must be provided before the court will consider the name change.
Court's wording
If the child is subject to the registration requirements of Chapter 62 of the Code of Criminal Procedure (sex offender registration), the person petitioning on behalf of the child must prove to the Court that the child has notified the appropriate local law enforcement authority of the proposed name change, before the Court will consider granting a name change.
If the child is 10 years of age or older, the child’s written consent to the change of name must be attached to the petition.
The petition must be filed in the county where the child resides by a parent, managing conservator, or guardian of the child.
The petition must state the child's present name and residence, the reason for the requested change, the requested full name, any continuing exclusive jurisdiction under Chapter 155, and any Chapter 62 sex-offender registration requirement.
Court's wording
the present name and place of residence of the child; the reason a change of name is requested; the full name requested for the child; whether the child is subject to the continuing exclusive jurisdiction of a court under Chapter 155 of the Texas Family Code; and whether the child is subject to the registration requirements of Chapter 62 of the Code of Criminal Procedure (sex offender registration).
The petition must be verified (notarized), and must include:
A Certificate of Service must include opposing counsel’s name, address, phone number, and fax number rather than a generic statement that a copy was sent to all opposing counsel; the same rule applies to pro se litigants.
- Document
- Certificate of service
- Placement
- Certificate section
Court's wording
At the end of all motions and other documents on which is included a Certificate of Service, please include the opposing counsel’s name, address, phone number and fax number. Please do not put "... a copy has been sent to all opposing counsel." This will provide the Court with the contact information on all the attorneys in the case. For pro se litigants, the same rules apply.
An expunction or non-disclosure order may be obtained by filing a petition alleging the necessary elements and presenting proof of those elements at the time of the Court's consideration of the petition.
In any event, it is the Petitioner's responsibility to provide a properly completed and formatted Order.
You may locally print the form from this website and bring it to court, or you may obtain the form on your arrival to the courtroom. In either event, once the form is completed, signed by yourself, your client and the Assistant District Attorney, turn in the completed form to the Court Coordinator.
The pro se litigant must obtain and complete the BVS form and either file it with the district clerk or bring it to the final hearing.
Court's wording
Pick up a form entitled Information on Suit Affecting the Family Relationship (Texas Department of State Health Services-Vital Statistics Form)(called BVS forms) from the Grimes County District Clerk’s office. Fill out the form according to the instructions and either file it with the Grimes County District Clerk, or bring the form with you to Court for the final divorce hearing.
A decree involving children must specify the child-support amount and payment frequency and include provisions for insurance coverage and deductible payments.
Court's wording
The forms for child support, including the amount of money to be paid either weekly, bi-weekly, monthly, or otherwise, and include provisions for insurance to be carried on the children (Including private insurance, Medicaid, CHIPS, TriCare, etc.), and deductible payments.
The Final Decree of Divorce must include all of the elements necessary under Texas law.
If you are using a Waiver of Citation, this document must have been signed by the Respondent in front of a notary public and notarized on a date after the Original Petition for Divorce was filed, and filed with the District Clerk at least ten days before the final hearing.
The forms or language for either a Standard Possession Order, or provisions for possession and access to the child(ren) by the other parent. If not Standard, be prepared to explain the difference.
Before placement on the Uncontested Docket, a pro se litigant must file the petition, any applicable waiver of citation, proof of service for a default, Vital Statistics forms, and a proposed final decree.
Court's wording
You must have filed all necessary paperwork (including a proposed Final Decree of Divorce) with the Grimes County District Clerk’s office before your case is placed on the Uncontested Docket for your final hearing. You must have the following: _____ Petition for Divorce (filed when you started your divorce) _____ Waiver of Citation If you are using a Waiver of Citation, this document must have been signed by the Respondent in front of a notary public and notarized on a date after the Original Petition for Divorce was filed, and filed with the District Clerk at least ten days before the final hearing. _____ Proof of Service of Citation for a default (if Respondent was served and did not file a Waiver). _____ Texas Department of State Health Services – Vital Statistics Forms. Obtain these from the Grimes County District Clerk’s Office. _____ Proposed Final Decree of Divorce
However, each supplemental discovery motion and/or request and/or supplemental Motion in Limine, must state how the particular motion and/or request differs from the SDO or Code or Motion in Limine, and what the supplemental discovery is intended to produce or Motion in Limine is intended to address.
All anticipated exhibits of a party will be listed on an Exhibit List, with exhibit number, brief description of the item, and a column for whether admitted or not.
For witnesses not present at the beginning of trial, counsel shall be responsible for instructing those witnesses of the requirements of the Rule and shall certify to the Court that such instructions have been given.
A copy of the Exhibit List and a Witness List shall be provided prior to trial to the Court Reporter, opposing counsel and the Court.
The county practice-time statement must report the attorney’s percentage of total practice time devoted to adult criminal and juvenile delinquency trial and appeal appointments in that county.
Court's wording
The statement submitted to each county must describe (1) the percentage of an attorney’s total practice time (time spent in legal practice in all jurisdictions) that was dedicated to work on trial and appeal appointments in adult criminal cases in that county’s district and county courts during the fiscal year beginning on the preceding October 1; and (2) the percentage of an attorney’s total practice time that was dedicated to work on trial and appeal appointments in juvenile delinquency cases (cases alleging delinquent conduct or conduct indicating a need for supervision) in that county’s district and county courts during the fiscal year beginning on the preceding October 1.
The Code of Criminal Procedure requires all attorneys who accept criminal appointments in both adult and juvenile cases to submit an annual report that describes the percentage of practice time dedicated to work on those appointed cases. Attorneys must submit the report for each county in which they accept appointments.
If you are a defendant requesting appointment of counsel, please fill out the Request for Appointment of Attorney form found by clicking the link below. File that Request for Appointment with the District Clerk of the county where your charges are pending.
5. Deposition Excerpts or Edited Videotapes. Designate the page and line in sequence to be used at trial.
1. List of parties, self-represented parties, and attorneys, including correct names (and if a business entity, the correct representative name and title) and addresses.
3. Draft Jury Charge, if the jury fee has been paid; or draft Findings of Fact and Conclusions of Law for a bench trial. (Modifications are allowed and expected as the trial progresses.)
Pursuant to Rule 166 of the Texas Rules of Civil Procedure, the following items must be furnished to opposing counsel and self-represented parties at least five (5) working days prior to the Pretrial Hearing (as scheduled by the Court), and brought with you to the hearing.
2. Trial witness list, with the same information required in the Request for Disclosure pertaining to the name, address and subject matter of the person’s testimony.
6. Motions in Limine.
4. Exhibit List. An exhibit list is required, with copies for opposing counsel, the Court Reporter and the Court.
7. Trial scheduling requirements, audio-visual requirements, trial length and potential conflicts.
Also, you MUST complete the Divorce Checklist for Pro Se Litigants that you may obtain from either the District Clerk or at www.court506.com.
Attach to your application the report of your latest year of Continuing Legal Education on file with the State Bar of Texas
Complete your application form by using the proper pleadings signature block, and signing above your printed name as an Officer of the Courts.
- Document
- Application
- Placement
- Signature block
The application must include the listed contract, contact, bar, experience, coverage, language, certification, and disciplinary information.
Court's wording
The application must contain the following: Contract Term: January 1, 2026 through December 31, 2026 Name Business Address Business Phone Cell Phone Fax Number (If available) Email Address State Bar Number Date admitted to Texas Bar Defense Related Organizations, Clubs, Societies, Associations Board Certifications, if any, and date awarded Language proficiency, if any Name of attorney who will cover for you in an emergency Sanctions or grievances by the State or Local Bar within the past three years, including those that are pending or unresolved
Attach to your application a one page letter on your business letterhead outlining why you believe you are qualified to serve as a Contract Indigent Defense Attorney in the indicated area, as well as other information you believe to be important.
At the end of all motions and other documents on which is included a Certificate of Service, please include the opposing counsel’s name, address, phone number and fax number. Please do not put "... a copy has been sent to all opposing counsel."
Please see Court Quirks on this Web site regarding certificates of service on all pleadings.
- Document
- Criminal pleading
Include
- •Certificate of service
Opposed matters, or those without description, shall contain a Certificate of Conference stating a summary of the opposing counsel’s position on the matter.
Criminal motions and applications must include certificates of service and certificates of conference and comply with the stated pleading rules.
- Document
- Criminal motion or application
Must include
- •Certificate of service
- •Certificate of conference
Court's wording
All criminal motions and applications filed by either the State or the Defense shall comply with the general rules of pleadings as set forth in the Texas Rules of Civil Procedure and the Texas Code of Criminal Procedure, including certificates of service and certificates of conference.
A SAPCR pleading must be filed in a child-custody case when there is no marriage or the marriage has ended by divorce decree.
Court's wording
SAPCR Often pronounced “Sap-sur,” this is the kind of pleading that must be filed in a child custody case where there is no marriage, or after a marriage has been terminated by a decree of divorce.
Only after you have completed all of the above, a proposed order has been filed, and your criminal history record information has been received by the Grimes County District Clerk’s office, should you call the Court Coordinator at 979.921.0921, to schedule a Court date.
The information required by Texas Occupational Code, Section 1704.207, and Texas Code of Criminal Procedure, Article 17.19., is included in the Affidavit of Surety to Surrender.
The undersigned, as Surety on the appearance bond of the herein named defendant, files this Application To Surrender Principal, accompanied by Affidavit of Surety To Surrender.
The moving party must succinctly identify the elements of each claim or defense, the nature of the claim or defense, and the issues or defenses presented.
Court's wording
In addition to the requirements of subsection c of Rule 166a, the moving party shall set forth the elements of the cause of action, or actions, subject to the motion in a succinct manner sufficient to apprise the court of the nature of the claim or defense, and the issues or defenses being presented.
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, and indicate where those facts are found in the pleadings, evidence or discovery.
Both moving and responding parties shall e-file a proposed order or judgment to the court.
The motion shall clearly and concisely argue each ground with appropriate citations to authorities. Initial citations shall be made in footnote form and not included in the body of the motion, except for subsequent style reference in the body of the argument.
- Document
- Summary judgment motion
- Placement
- Body of the document
Further, the motion shall state the specific grounds of the motion in numerical order and shall state the specific facts, or lack of facts, relied upon in each ground.
The Application must also include a proposed Order that includes the amount requested, and a statement that allows for all fees due and owing to the Clerk to be withheld.
- Document
- Application for payment of excess proceeds
Must include
- •Proposed order
An eligible applicant may submit the matter using the court's Notice of Submission form or a similar notice.
Court's wording
Once an eligible party has complied with the filing requirements for an Application for Payment of Excess Proceeds, that party may set the matter for submission by using the Notice of Submission form found on this website, or similar notice.
All other statutory language must be included in the Application, Notice, and Order.
Fully agreed matters may be submitted without a hearing or submission period, but must include all counsel or pro se party signatures and state in the motion heading that the matter is agreed.
Court's wording
All matters that may be submitted by agreement of all parties may be submitted to the Court without need of a hearing. 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.
Please provide your proposed order along with your Motion for Default Judgment.
- Document
- Default judgment
Include
- •Proposed order
An unopposed matter may be submitted without a hearing, must be identified as unopposed in the motion heading, and receives a three-day submission period.
Court's wording
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.
Sureties shall serve a copy of any motion or application to surrender on the District Attorney and shall include a certificate of service to the Court that such notice has been given.
- Document
- Surrender motion or application
Must include
- •Certificate of service
Only after you have completed all of the above and a proposed order has been filed, should you contact the Court Coordinator to schedule a Court date.
Should include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
A Criminal Pretrial Preparation Order, Standard Discovery Order, and Standard Mutual Order in Limine will be electronically filed in each criminal case.
In criminal matters, the following Criminal Pretrial Preparation Order, Standard Discovery Order (SDO), and Standard Mutual Order in Limine will be efiled into each case (See links below) in the following manner:
Criminal cases
Page 1 | Criminal Pretrial Matters
In Grimes County, the Clerk electronically files the Standard Discovery Order after indictment, and the Court usually issues the Order in Limine and Pretrial Preparation Order after the Motions setting.
In Grimes County, after a case is indicted, the Clerk will efile into each case a Standard Discovery Order (See Grimes County Discovery link below) and after a case has gone through the Motions setting, in most instances the Court will issue a Standard Mutual Order in Limine (See link below), and a Criminal Pretrial Preparation Order (See link below).
Criminal cases
Page 1 | Criminal Pretrial Matters
All motions and applications must be electronically filed except motions or applications filed at the bench during a hearing.
All motions and applications, except for those filed at the bench during a hearing, must be efiled in accordance with electronic filing requirements.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
Both the moving and responding parties must electronically file a proposed order or judgment with the court.
Both moving and responding parties shall e-file a proposed order or judgment to the court.
Civil cases
Page 1 | Submission
A Notice of Submission must be electronically filed with the clerk and provide notice to all parties.
A Notice of Submission shall also be e-filed with the Clerk with notice to all parties.
Civil cases
Page 1 | Submission
In Waller County, defense counsel may request the Standard Discovery Order at arraignment, a motions hearing, or as late as the pretrial hearing if adequate time remains for the State to comply before trial.
If desired earlier, defense counsel may request the entry of the SDO, which will then, in most circumstances, be entered. A request for the SDO may be done at Arraignment, at the Motions hearings and as late as the Pretrial hearing, so long as adequate time is allowed for compliance by the State before the case is called for trial.
Criminal cases
Page 1 | Criminal Pretrial Matters
In Waller County, after the Motions setting, the Court usually issues the Standard Discovery Order, Standard Mutual Order in Limine, and Criminal Pretrial Preparation Order.
In Waller County, after a case has gone through the Motions setting, in most instances the Court will issue a Standard Discovery Order (See Waller County Discovery link below), a Standard Mutual Order in Limine (See link below), and a Criminal Pretrial Preparation Order (See link below).
Criminal cases
Page 1 | Criminal Pretrial Matters
Practice-time statements may be submitted through the Commission’s electronic reporting portal, the Commission form, or another county-specified physical or electronic form capturing the required information.
The attorney may submit the practice-time statement via the Commission's electronic attorney reporting portal, on the attached Commission reporting form, or on any other physical or electronic form specified by the county that captures all of the information requested on the Commission form. A county may require attorneys who accept appointments in that county to use a specific method to submit their practice-time statements.
Criminal cases
Page 2 | Instructions
A notice of submission may be electronically filed for any date and time after the applicable required notice period because the Court has no set submission dates or times.
Note that the Court does not have any set submission dates or times, so you may e-file your notice of submission for any date and time following the required notice period as stated below.
Page 1 | Submission Guidelines and Procedures
Filing Timing and Cure Windows
Sealed applications must be submitted by noon on October 20, 2025.
Sealed applications shall be submitted no later than Noon, Monday, October 20,2025.
Criminal cases · Court notice
Page 1 | TO APPLY FOR THE FELONY APPOINTMENTS IN THE 5O6TH DISTRICT COURT
Applications must be received at the designated location by the stated deadline; late applications will not be considered for a contract award.
Please note that all applications must be received at the designated location by the deadline shown. Applications received after the deadline will not be considered for award of the contract.
Criminal cases · Court notice
Page 1 | TO APPLY FOR THE FELONY APPOINTMENTS IN THE 5O6TH DISTRICT COURT
After the Court signs a bench warrant, its original must be filed with the Clerk for preparation and delivery to the proper authorities.
Once the bench warrant is signed by the Court, the original must be filed with the Clerk for preparation and delivery to the proper authorities.
Criminal cases
Page 1 | Bench Warrants: Application and Use
The court may not hear an expunction or nondisclosure matter until at least 30 days after the petition is filed.
After the petition is filed, the court shall hear the matter no sooner than 30 days from the date of filing of the petition.
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
Except in unusual circumstances, the divorce cannot be granted until 60 days have elapsed from filing the lawsuit.
Except for unusual circumstances, you will not be able to get a divorce if 60 days have not elapsed from the date the lawsuit was filed.
Page 1 | Divorce Checklist for Pro Se Litigants
An example motion for no-evidence summary judgment is submitted without oral hearing on or after April 30, 2009, at 9:00 a.m., unless the Court orders an oral hearing.
PLEASE TAKE NOTICE that (as an example) Defendant=s Motion for No-Evidence Summary Judgment filed in this cause shall be submitted to the Court without oral hearing on or after April 30, 2009, at 9:00 o=clock a.m., unless oral hearing is ordered by the Court.
Civil cases
Page 1 | NOTICE OF SUBMISSION
Pretrial motions other than motions in limine, punishment elections, and community-supervision elections must be filed by the Scheduling Order motions date.
All motions regarding Pretrial matters, save and except for motions in limine, election of punishment and election for community supervision, must be filed on or before the Motions date provided in the Scheduling Order.
Criminal cases
Page 1 | CRIMINAL PRETRIAL PREPARATION ORDER
An untimely pretrial matter will not be considered unless the movant shows good cause for the delay, particularly for suppression issues.
All untimely filed Pretrial matters will not be considered by this Court unless the movant can show good cause for failing to timely file. (This especially includes Suppression issues).
Criminal cases
Page 1 | CRIMINAL PRETRIAL PREPARATION ORDER
Witness-subpoena applications must reach the District Clerk at least six calendar days before trial, except for surprise or unanticipated rebuttal witnesses.
Counsel shall deliver Applications for Subpoena of witnesses to the District Clerk at least Six (6) calendar days before the assigned trial date, except for surprise or unanticipated rebuttal witnesses.
Criminal cases
Page 1 | CRIMINAL PRETRIAL PREPARATION ORDER
Other motions in limine, a defense punishment election, and a community-supervision application must be filed by the trial date and delivered to opposing counsel.
Other Motions in Limine from both sides, as well as defense election of punishment and application for community supervision, shall be filed on or before the day of trial and delivered to opposing counsel.
Criminal cases
Page 1 | CRIMINAL PRETRIAL PREPARATION ORDER
Attorneys must submit a practice-time statement to each county by October 15 after the applicable fiscal year ends.
Every year, an attorney is required to submit a practice-time statement to each county in which the attorney accepted an appointment in an adult criminal or juvenile delinquency case during a fiscal year period that begins on October 1 and ends on September 30. The statement is due no later than October 15 immediately following the close of each fiscal year.
Criminal cases
Page 1 | Instructions
Attorneys must submit the reporting form annually to each county where they accept appointments, no later than October 15.
This form must be submitted annually to each county no later than October 15.
Criminal cases
Page 3 | ATTORNEY REPORTING FORM
The application must be submitted no later than October 20, 2025.
Submit no later than October 20, 2025.
Criminal cases · Court notice
Page 1 | INSTRUCTIONS FOR APPLICATION FOR CONTRACT REGARDING INDIGENT DEFENSE ATTORNEY FOR FELONY CASES IN WALLER COUNTY, TEXAS
A motion for no bond or to increase bond requires ten days’ notice after filing.
d. Motion for No Bond or to Increase Bond: 10-day notice after filing.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
A motion for bond surrender requires ten days’ notice after filing.
g. Motion for Bond Surrender: 10-day notice after filing.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
A motion to amend an indictment requires ten days’ notice after filing.
c. Motion to Amend Indictment: 10-day notice after filing.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
A habeas corpus application requires ten days’ notice after filing, or the requesting party may contact the Court Coordinator for a sooner hearing.
I. Application for Habeas Corpus: 10-day notice after filing; or contact the Court Coordinator for a sooner hearing.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
An unopposed matter must state that it is unopposed, and the Court will sign the order after a three-day submission period.
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.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
A response must be in the Clerk’s file before the submission date; a timely response is required for consideration, and failure to respond 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.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
A substitution-of-counsel submission requires three days’ notice, or ten days if it affects a hearing or trial setting.
b. Substitution of Counsel: 3-days notice after filing. If substitution will affect any hearing or trial setting, 10-days notice will be required.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
A motion to withdraw as counsel requires ten days’ notice without client consent but may be submitted immediately with signed client consent.
e. Motion To Withdraw As Counsel: Without client consent: 10-days notice after filing. With signed client consent: immediate submission.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
A party filing a full traditional, partial traditional, or no-evidence motion for summary judgment must comply with Rule 166a and first submit the motion to the Court.
A motion for summary judgment, whether full traditional, partial traditional or no-evidence, shall be prepared and filed in accordance with Rule 166a of the Texas Rules of Civil Procedure and MUST first be filed under submission with the Court.
Civil cases
Page 1 | Summary Judgment: Filing and Procedures
The submission date must allow adequate time for any opposing response under the applicable rules.
The submission date must provide adequate time for the opposing response, if any, as provided by the Rules.
Civil cases
Page 1 | Submission
A substituted service matter may be submitted immediately.
g. Substituted Service: Immediate submission
Page 1 | Submission Guidelines and Procedures
A motion for leave to designate a responsible third party requires ten days' notice after filing.
j. Motion for Leave to Designate Responsible Third Party: 10-days after filing
Page 1 | Submission Guidelines and Procedures
A motion for entry of order requires ten days' notice after filing.
e. Motion for Entry of Order: 10-days notice after filing
Page 1 | Submission Guidelines and Procedures
A response must be filed in the Clerk's file before the submission date to 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 1 | Submission Guidelines and Procedures
A motion to withdraw requires ten days' notice after filing without client consent, but may be submitted immediately with signed client consent.
d. Motion To Withdraw: Without client consent: 10-days notice after filing. With signed client consent: immediate submission.
Page 1 | Submission Guidelines and Procedures
A motion for default judgment requires three days' notice after filing and may be submitted no earlier than fifteen days after the answer date; the moving party must provide a proposed order.
m. 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 1 | Submission Guidelines and Procedures
Special exception matters may be presented without a hearing after ten days' notice following filing.
f. Special Exceptions: presentment without hearing: 10-days notice after filing
Page 1 | Submission Guidelines and Procedures
An ex parte matter may be submitted immediately when service has not been effected or before an appearance.
l. 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.
Page 1 | Submission Guidelines and Procedures
A substitution of counsel generally requires three days' notice after filing, but ten days' notice is required if the substitution will affect a hearing or trial setting.
c. Substitution of Counsel: 3-days notice after filing. If substitution will affect any hearing or trial setting, 10-days notice will be required.
Page 1 | Submission Guidelines and Procedures
A requesting party should allow at least ten days of lead time for issuance of a bench warrant when an inmate is being brought in from a TDCJ facility.
Requesting parties should allow at least ten days lead time for issuance of the bench warrant for inmates being brought in from TDCJ facilities.
Criminal cases
Page 1 | Bench Warrants: Application and Use
The hearing date is the earliest available bench-trial date after 30 days from filing.
The hearing date will be the bench trial date soonest after 30-days from the date of filing of the petition.
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
Without an objection or Assistant District Attorney approval, the petitioner may submit the order for approval using a five-day Notice of Submission after all required time has passed.
2) After all required time has passed and there is no objection, and without approval by the Assistant District Attorney, Petitioner may use a 5-day Notice of Submission in order to have the Order approved;
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
Both sides must meet with the court at least 30 minutes before the jury is seated to discuss the identified matters.
Both sides shall meet with the Court at least 30-minutes before the Jury is seated to discuss such matters as may need to be addressed.
Criminal cases
Page 1 | CRIMINAL PRETRIAL PREPARATION ORDER
Other matters may be submitted only with the Court’s consent.
j. Other matters: With consent of the Court.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
If the proposed Order contains approval by the attorneys for all affected taxing jurisdictions, the Application may be submitted immediately.
Alternatively, if the proposed Order contains the approval by the attorneys for all taxing jurisdictions affected, the Application may be made with immediate submission.
Civil cases
Page 1 | Information on Tax Cases and Requests for Excess Proceeds
Ex parte matters may be submitted immediately for the Court’s consideration.
h. Ex parte matters: Ex parte matters may be submitted immediately to the Court for consideration.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
The Court will sign an order on presentment for a fully agreed matter without a submission period.
On such fully agreed matters, the Court will sign the Order on presentment without a submission period.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
After an immediate ex parte submission, the Court will decide whether a hearing is required and notify the requesting party.
The Court will determine whether a hearing will then be required and notify the requesting party accordingly.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
A dismissal by the State may be submitted immediately.
f. Dismissal by the State: Immediate submission.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
An unopposed but unagreed matter may be submitted without a hearing.
Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need of a hearing.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
After considering a submitted matter, the Court may set a hearing, with the Court Coordinator attempting 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.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
An appointment of an ad litem may be submitted immediately.
i. Appointment of Ad Litem: Immediate submission
Page 1 | Submission Guidelines and Procedures
A citation by publication may be submitted immediately.
h. Citation by Publication: Immediate submission
Page 1 | Submission Guidelines and Procedures
A nonsuit or dismissal may be submitted immediately when filed by the party seeking affirmative relief.
k. Nonsuit or Dismissal: Immediate submission. This is predicated on the motion being filed by the party seeking affirmative relief.
Page 1 | Submission Guidelines and Procedures
Service and Proof of Service Rules
Each required nonpetitioner parent, managing conservator, or guardian must be served with citation and an opportunity to answer, or must sign and notarize a proper waiver after the petition is filed.
Any parent of the child whose parental rights have not been terminated, any managing conservator of the child, and any guardian of the child, who did not otherwise join as a verified petitioner in the petition, must be properly served with citation (and be given the appropriate time to answer), or alternatively must have signed a proper waiver (which must have been signed by such person(s) in front of a notary public and notarized on a date after the petition was filed).
Page 1 | CHILD NAME CHANGE CHECKLIST FOR PRO SE LITIGANTS
After the Court Coordinator confirms a setting, the requesting attorney must give written notice to opposing counsel, any pro se parties, and the District Clerk, and provide a copy of the notice to the Court Coordinator.
Once a setting has been confirmed by the Court Coordinator, the requesting attorney is responsible for notifying opposing counsel, any pro se parties, and the District Clerk, in writing, to insure that all necessary persons have notice. Provide a copy of your written notice to the Court Coordinator.
Page 1 | Civil Setting Requests and Procedures
A copy of the Application for Bench Warrant must be filed on opposing counsel in accordance with the applicable rules.
An Application for Bench Warrant is a pleading. As such a copy is to be filed on opposing counsel in accordance with the Rules.
Criminal cases
Page 1 | Bench Warrants: Application and Use
A party may request the Clerk to provide and file proof of statutory notice after paying the applicable fee.
Alternatively, and as stated above, the party may request the Clerk to provide the notice, and pay the appropriate fee for such notice. If that is done, the Clerk will provide the statutory notice, and file the proof of notice.
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
Reasonable notice of the hearing date must be given to every official, agency, or other entity named in the petition, regardless of who provides the notice.
As required by statute, whether notice is given by the party or through the District Clerk, reasonable notice of the hearing date must be given to each official, agency, or other entity named in the petition.
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
A party providing notice must file all appropriate delivery receipts to substantiate the notice.
If the party provides the notice, it is up to the party to file all the appropriate delivery receipts in order to substantiate the required notice.
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
The petitioner must identify every official, agency, or other entity entitled to notice.
The petitioner is responsible for identifying each such entity.
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
When the divorce involves an Attorney General case concerning the children, the Attorney General must receive a file-stamped copy of the petition as soon as it is filed.
If you have a case with the Attorney General concerning the child(ren) in this divorce, you must give their office a file-stamped copy of the Petition For Divorce as soon as you file it.
Page 1 | Divorce Checklist for Pro Se Litigants
In a default case where the respondent was served but did not file a waiver, the case file must include proof of service of citation.
Proof of Service of Citation for a default (if Respondent was served and did not file a Waiver).
Page 1 | Divorce Checklist for Pro Se Litigants
The State and Defense should become familiar with the need for defense disclosures to the State, as the Standard Discovery Order does cover that requirement.
The State and Defense should become familiar with the need for defense disclosures to the State, as the Standard Discovery Order does cover that requirement.
Criminal cases
Page 1 | Criminal Pretrial Matters
Service of citation is initially unnecessary because a waiver is expected, but if no waiver is filed, the petitioner must request and pay for citation service.
Service of citation is not necessary at this time as Respondent is expected to file a proper waiver of service. In the event no waiver is filed Petitioner will request and pay for service of citation.
Page 2 | ORIGINAL PETITION FOR DIVORCE
The respondent may waive issuance and service of process and agrees that the case may be considered without further notice if the court receives a signed divorce decree.
I hereby waive the issuance and service of process. I agree that the cause may be taken up and considered by the Court without further notice to me so long as the Court is presented with a Decree of Divorce which has been signed by me.
Page 4 | WAIVER OF CITATION
The applicant must provide copies of the application and all attachments to the principal’s attorney of record, if one is listed, and to the principal.
By my signature below I certify to the Court that I have provided a copy of this Application, and all attachments, to the principal’s attorney of record, if one is shown of record, and to the principal.
Criminal cases
Page 1 | Application to Surrender Principal; Affidavit of Surety to Surrender; and Application for Warrant
The applicant must provide the application and attachments to the Criminal District Attorney under Texas Rule of Civil Procedure 21a and attach a certificate of service.
I further certify that I have provided a copy of this Application, and all attachments, to the Criminal District Attorney, in the manner as provided by Rule 21a, Texas Rules of Civil Procedure. A certificate of service to that effect is attached.
Criminal cases
Page 1 | Application to Surrender Principal; Affidavit of Surety to Surrender; and Application for Warrant
The Affidavit of Surety to Surrender must have a certificate of service attached.
The Certificate of Service attached to this Affidavit of Surety to Surrender has been provided as required by law.
Criminal cases
Page 2 | Affidavit of Surety to Surrender
A certificate of service must certify that a true copy of the application and surety affidavit was served in accordance with the Texas Rules of Civil Procedure and state the date of service.
I certify that a true copy of the above Application To Surrender Principal, accompanied by Affidavit of Surety To Surrender, was served on the following in accordance with the Texas Rules of Civil Procedure on (date) __________________________.
Criminal cases
Page 3 | Certificate of Service
Summary-judgment motions must be filed with the District Clerk and a copy provided to opposing counsel in accordance with the governing rules.
Motions for summary judgment shall be filed with the District Clerk with a copy to opposing counsel according to the Rules.
Civil cases
Page 1 | Submission
Submission requires at least 21 days' notice to every affected tax entity and jurisdiction identified by name and address; a generic statement that all parties or jurisdictions were notified is insufficient.
This Court requires a minimum 21-day notice on the submission, and requires that all affected tax entities and jurisdictions be noticed with the submission, specifically and by name and address. A statement that "all parties" or "all jurisdictions" have been notified is not sufficient and will not be honored by the Court.
Civil cases
Page 1 | Information on Tax Cases and Requests for Excess Proceeds
A certificate of service is required on all pleadings, and failure to notify opposing counsel may result in sanctions and costs.
Please see Court Quirks on this Web site 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.
Page 1 | Submission Guidelines and Procedures
A surety must serve the District Attorney with any motion or application to surrender, and failure to provide notice or the required certificate may result in denial.
Sureties shall serve a copy of any motion or application to surrender on the District Attorney and shall include a certificate of service to the Court that such notice has been given. Failure to give notice or failure to provide a certificate of such notice will be grounds for denial of the request for surrender.
Criminal cases
Page 1 | Surrender by Surety
All parties must be added and served by the docket control order's joinder deadline.
All parties must be added and served by this date, whether by amendment or third-party practice.
Civil cases
Page 1 | Joinder
The party causing joinder must serve a copy of the docket control order at the time of service.
The party causing the Joinder shall serve a copy of this Order at the time of service.
Civil cases
Page 1 | Joinder
At the petitioner's option, notice may be sent to each listed entity by certified mail-RRR, secure email, or fax.
However, the party may provide notice to each of the entities listed in the petition by either certified mail-RRR, secure electronic mail, or fax transmission.
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
A copy of the setting request must be delivered to all other attorneys and pro se parties in accordance with the rules.
I certify that a copy of this setting request has been delivered to all other attorneys & pro se parties in accordance with the Rules.
Page 1 | SETTING REQUEST
Failure to properly notify opposing counsel of a submitted matter may result in sanctions against the offending party and counsel.
Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions on the offending party and counsel.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
Having the District Clerk provide the statutory notices is the preferred and most efficient notice procedure.
For adequate notice, the preferred and most efficient procedure is to have the District Clerk provide the statutory notices.
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
Filing Fees and Waivers
The party requesting Clerk-provided notice must pay the appropriate fee.
Alternatively, and as stated above, the party may request the Clerk to provide the notice, and pay the appropriate fee for such notice.
Criminal cases
Page 1 | Expunction & Non-disclosure of Criminal Records
If no waiver is filed, the petitioner must pay for service of citation.
In the event no waiver is filed Petitioner will request and pay for service of citation.
Page 2 | ORIGINAL PETITION FOR DIVORCE
A request for jury trial and payment of the jury fee must be filed by the stated deadline for discussion at the status conference.
Requests for Jury Trial and payment of Jury Fee to be filed by this Jury Period ends. date, for discussion at Status Conference.
Civil cases
Page 1 | Request for Jury
Courtesy Copy Requirements
Courtesy copies of the summary-judgment motion and response must not be filed directly with the court unless specifically instructed.
Do not file courtesy copies of the motion and response directly with the court unless specifically instructed to do so.
Civil cases
Page 1 | Submission
Pre-Motion Conference Requirements
Traditional and no-evidence motions for summary judgment must follow the Rule 166a notice-of-submission requirements.
Summary Judgment: All Motions for summary judgments are required to follow the notice of submission requirements under Rule 166a for both traditional and no-evidence motions for summary judgment.
Page 1 | Submission Guidelines and Procedures
Adjournment & Extension Requirements
Unresolved pretrial or discovery issues support a continuance only when good cause is shown.
Pretrial and Discovery issues that have not been resolved at the Pretrial hearing will not be grounds for continuance except for good cause.
Criminal cases
Page 1 | CRIMINAL PRETRIAL PREPARATION ORDER
A continuance motion submitted by Notice of Submission requires ten days’ notice after filing.
a. Continuance: 10-days notice after filing.
Criminal cases
Page 1 | Motions Hearings and Notices of Submission
A continuance request requires ten days' notice after filing.
b. Continuance: 10-days notice after filing.
Page 1 | Submission Guidelines and Procedures
Except in unusual circumstances, untimely presentation of discovery issues does not support a trial continuance.
Except in unusual circumstances, failure to timely present discovery issues will not be grounds for a trial continuance.
Criminal cases
Page 1 | Criminal Pretrial Matters
Chambers Communication Rules
Call the Court Coordinator when a case settles or a hearing is no longer needed so the court can reassign the time.
If you settle your case or no longer need your hearing, please call the Court Coordinator and inform her so we can use the time for another matter.
Page 1 | Quirk 10
A sample contract may be emailed upon request, and questions may be directed to the judge of the 506th District Court.
A Sample Contract is available for your review and can be emailed directly to you on request Please contact the Judge of the 506th District Court with any questions.
Criminal cases · Court notice
Page 2 | NOTIFICATION OF OPPORTUNITY AND APPLICATION FOR INDIGENT DEFENSE APPOINTMENTS