Waller County District Court Filing Timing and Cure Windows

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

Applies to

Motion

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

WARNINGCriminal cases

Other matters may be submitted only with the Court’s consent.

j. Other matters: With consent of the Court.

WARNINGCriminal cases

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.

INFOCriminal cases

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.

INFOCriminal cases

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.

INFOCriminal cases

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.

INFOCriminal cases

A dismissal by the State may be submitted immediately.

f. Dismissal by the State: Immediate submission.

INFOCriminal cases

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.

INFOCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal casesCourt notice

Sealed applications must be submitted by noon on October 20, 2025.

Sealed applications shall be submitted no later than Noon, Monday, October 20,2025.

CRITICALCriminal cases

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.

CRITICAL

A substituted service matter may be submitted immediately.

g. Substituted Service: Immediate submission

CRITICALCriminal cases

A motion for bond surrender requires ten days’ notice after filing.

g. Motion for Bond Surrender: 10-day notice after filing.

CRITICALCriminal cases

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).

CRITICAL

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

CRITICALCriminal cases

A motion to amend an indictment requires ten days’ notice after filing.

c. Motion to Amend Indictment: 10-day notice after filing.

CRITICALCriminal cases

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.

CRITICAL

A motion for entry of order requires ten days' notice after filing.

e. Motion for Entry of Order: 10-days notice after filing

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Deadline

6 calendar days

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal casesCourt notice

The application must be submitted no later than October 20, 2025.

Submit no later than October 20, 2025.

CRITICALCriminal cases

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.

CRITICALCriminal casesCourt notice

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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;

WARNINGCivil cases

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.

INFO

An appointment of an ad litem may be submitted immediately.

i. Appointment of Ad Litem: Immediate submission

INFO

A citation by publication may be submitted immediately.

h. Citation by Publication: Immediate submission

INFO

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.