164^th Civil District Court

Judge Martha Hill Jamison

 

 

Sharon Thompson, Lead Clerk                 713.755.6316

Ruth Ventura, Assistant Clerk

Clerk’s e-mail:                                        164court@justex.net

Andy Sanchez, Trial Coordinator               713.755.4497         

Coordinator’s e-mail:                                    Andy_sanchez@justex.net

Deputy Paula Adams, Bailiff              713.755.6318

Donna King, Court Reporter                     713.755.6319

Court Reporter’s e-mail:                            Dking164th@aol.com

Court fax number:                                              713.755.8888

                                   

1. May I contact the Court by E-mail or fax? 

 

            No ex parte communication will be forwarded to the Judge.  Call or e-mail the court staff if you feel a fax or e-mail is appropriate or has been invited, such as post-hearing briefing. 

 

            At this time, the Court is not permitted to accept filings through fax or by e-mail. Please contact the District Clerk’s office for approved services.  Any filing that requires a fee must be filed with the District Clerk on the first floor of the Civil Courthouse or e-filed.

 

At this time, an e-filed document arrives faster at the District Clerk’s Office, but is a bit slower to reach the Court. If you want to ensure that your document has reached the Court in time, you may send a courtesy e-mail to the Court Clerk. Please clearly indicate that the document is a courtesy copy and the date of the hearing and request that it be forwarded to the judge.

 

2. How do I contact the Court in an emergency?

           

The Harris County switchboard should be contacted at 713.755.5000 for emergencies outside court hours. Call the Clerk or the Coordinator during court hours.   An emergency hearing will not be granted unless the parties have conferred about the matter. Only the Court can determine if an emergency hearing is necessary.

 

The Court frequently will be available for a telephone conference.

 

           

        Pre-Trial

 

3. What are the Court’s procedures for level 3 cases controlled by Rule 190.4?

 

            The Court will issue a docket control order (“DCO”) as a matter of course in the absence of an agreed DCO.

 

The parties should submit an agreed motion for DCO (with attached exhibit of requested deadlines and trial date) or, if necessary, an agreed motion to modify the Court’s DCO. The parties may request that additional dates in the DCO be included or that certain dates in the DCO be omitted. The Court, for the most part, will honor the dates in the agreed DCO unless it adversely impacts the Court’s docket. The agreed motion will be forwarded to the Coordinator for input and will be presented to the Court for ruling without the necessity of a hearing.

 

            If the parties do not agree to all dates, any party may file a motion to modify the Court’s DCO and place it on the Court’s submission docket for consideration. See paragraph 5 below for policies regarding the Court’s submission docket.

 

4. What are the Court’s procedures governing various motions and/or orders?

 

a. Discovery motions:  Discovery motions are heard every Monday morning at 9:00 a.m. (three to five minutes are allowed for each matter). Local rules are followed strictly, especially the requirement of an acceptable certificate of conference.

 

The Court requires complete compliance with TRCP 191.2, which states as follows:

“Parties and their attorneys are expected to cooperate in discovery and to make any agreements reasonably necessary for the efficient disposition of the case.  All discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity of Court intervention and the effort failed.” Please summarize your reasonable effort (see paragraph 26 below).

 

The Court further requires complete compliance with Rule 3.3.6 of the Local Rules of the Civil Trial Division of the Harris County District Courts, which states as follows:

“The certificates of conference required by the TRCP are extended to all motions, pleas and special exceptions except summary judgments, default judgments, agreed judgments, motions for voluntary dismissal or non-suit, post-verdict motions and motions involving service of citation.”

 

The Clerk shall remove from the docket motions that do not comply with this rule and shall notify the requesting party of same.

 

A proposed order must be attached to the motion or any response thereto.

 

Attach a copy of ONLY the challenged discovery requests and/or responses (only affected pages). The proposed order should treat each challenge separately.

 

Parties should try diligently to narrow their disputes. If you reach a partial resolution of your dispute, please notify the Court by NOON THE FRIDAY BEFORE THE MONDAY HEARING.

 

Concentrate on the discovery you need to obtain or protect, not the objections you have. A request for ALL or a failure to produce what is not objected to will not be well-received by the Court.

 

See paragraphs 8 and 26 below for special procedures regarding motions to quash and motions to compel.

 

b. Motions for summary judgment:  Motions for summary judgment are heard every Monday morning at 10:00 a.m. (ten to fifteen minutes are allowed for each matter). An executive summary of your argument is advisable. Please don’t use the first three pages of your motion explaining the legal standards of summary judgment.

 

No-evidence motions and traditional motions should not be combined in one pleading.

 

A no-evidence motion should clearly be captioned as such and should set out the elements that are being challenged. A conclusory motion may be deficient even in the absence of a response.

 

Objections to summary judgment evidence should be made in a separate motion with an order attached.  The proposed order should treat separately each objection.                  

It is likely that the Court will interrupt your presentation to ask questions.             This is not intended to be disrespectful or disruptive. It is intended to best use your time in addressing areas of concern to the Court. Your patience and indulgence is appreciated.

 

            Be sure to plan ahead in filing your summary judgment and setting it for hearing. The Court’s calendar does fill up from time to time, which may affect your ability to receive a hearing when you want it or in compliance with your DCO.

 

c. Motions to dismiss/nonsuit (D.W.O.P.): The Court periodically issues notices of intent to dismiss. The notices will contain specific instructions and actions you must take by the stated deadline in order to avoid dismissal.  Please fix the problem as indicated or file a motion to retain. A motion to retain is much more likely to be successful than a motion to reinstate.

 

Party-generated unopposed motions to dismiss and nonsuits will be presented to the Court without necessity of hearing. If the motion is for PARTIAL relief only, please indicate in the style of both the motion and the order the name(s) of the party(ies) to be dismissed or nonsuited. Final dismissals should include all cross-actions and counterclaims.          

 

A motion for nonsuit or dismissal requires an order. A “Notice of Nonsuit Pursuant to TRCP 162” (which must be so entitled or otherwise spelled out for the benefit of the Clerk) does not require an order (however, it is easier for our computer system if you submit an order anyway).        

 

            d. Special exceptions, sanctions, severance/consolidation, default judgment, etc.):

 

Special exceptions, motions for sanctions and other motions not requiring an evidentiary hearing will be heard at 9:00 a.m. on Monday mornings under the same policies as discovery motions (see paragraph 4a. above). NOTE: the Court requires an acceptable certificate of conference.

 

For special exceptions, attach a copy of the pleading (or certain paragraphs of the pleading) to which you are excepting. The proposed order should treat each special exception or paragraph separately.

 

Motions to sever or consolidate will be heard at 9:00 a. m. on Monday mornings as well. Please note that an order of severance requires an oral hearing and requires the following:

1.      Notice of oral hearing,

2.      Motion stating the basis for the severance,

3.      Certified copies of all pleadings or other documents to be included in the new file, and

4.      Two copies of the order of severance.

The order must make reference to the severed suit and list by name each pleading that you want included in the new file. Arrangements must be made with the District Clerk for paying the cost for initiating the new suit and for certified copies of all pleadings to be placed in the new file. Call the Clerk prior to the hearing for a checklist.

 

            Severances are not granted merely because of bankruptcy filings. In such cases, the opposing party should either dismiss the bankrupt party in this Court or move for relief from the bankruptcy stay in Bankruptcy Court. Failure to take either action will subject a case to DWOP.

 

Motions to withdraw must comply strictly with TRCP 10. The client must appear at the hearing or approve in writing of the withdrawal. Proof of service on the client of notice of the hearing is required if neither of these conditions are met.

 

Default judgments and other motions requiring an evidentiary hearing will be heard at 11:00 a.m. on Monday mornings.

 

If the hearing on your motion will take longer than the time allotted on law day docket, make arrangements with the Clerk for an afternoon hearing, if available.

 

The Court requires that certain motions be considered only on submission. These motions include Motions to Reconsider, Motions for Leave to File Pleadings and Motions to Designate a Responsible Third Party.

 

5. When and how should motions be set for submission or oral hearing? Does the Court allow oral hearings for cases on submission if requested?

 

You must call the Clerk to receive a hearing date.

 

Oral hearings are held on Monday mornings beginning at 9:00 a.m.

 

Remember, you do not have a hearing until the Clerk confirms that you have a hearing. When our calendar is full, we cannot honor your request. You may request a date for a hearing, which the Clerk will place on the tentative calendar, pending receipt BY 5 PM THE TUESDAY BEFORE A MONDAY HEARING of a copy of your notice of hearing, motion, order and acceptable certificate of conference. It is the movant’s responsibility to provide proper written notice of the hearing to the Court and to all parties. The Clerk shall remove from the docket motions that do not timely comply with this policy and shall notify the requesting party of same.

 

The Court prefers to receive copies of all responses, including motions to continue the hearing, by NOON THURSDAY BEFORE A MONDAY HEARING. The Court may not consider responses presented after this deadline.  You may file responses directly with the Clerk to ensure they reach the Court on time. Please clearly identify a motion to continue the hearing by filing it separately from your response with a proposed order attached.  Do not assume a continuance will be granted.

 

The submission docket is set by local rule for 8:00 a.m. Monday mornings. Ten days notice is required. Oral hearings for matters placed on the submission docket frequently are allowed if requested BY 5 PM THURSDAY BEFORE THE MONDAY SUBMISSION DATE; however, the request may not be granted if a response has not been filed or if the request for an oral hearing appears to be for the purpose of delay. A request for an oral hearing is not a substitute for a motion to continue the hearing. Please clearly identify your request for an oral hearing or your request to continue the hearing by filing them separately from your response with proposed orders attached.

 

If the movant passes a hearing after NOON THURSDAY BEFORE A MONDAY HEARING or if the movant fails to appear at the hearing, the motion will be reset to a submission docket only unless an evidentiary hearing is required. In this circumstance, a respondent may request an oral hearing. A MOVANT (or the party requesting that the hearing be passed) MUST NOTIFY THE COURT AND ALL PARTIES WHEN A HEARING IS PASSED. We will remember you!

 

All unopposed motions should be titled as such. They will immediately be presented to the Court without the necessity of a hearing.

 

The Court may determine that certain motions may not be placed on the oral hearing docket (e.g., motions to reconsider). The Clerk will inform you if your motion is placed/moved to the submission docket despite your request for an oral hearing.

 

From time to time, certain cases may be put on “all-time submission docket” (you know who you are). Most frequently, these cases involve many attorneys, out-of-town attorneys and/or lengthy arguments. The Court may periodically grant a half or whole day to these cases for hearing motions; however, from week to week, the Court may manage these cases by using the submission docket only.

 

6. How shall parties and attorneys contact the Court or court staff to check on the status of motions or obtain an expedited hearing?

 

To check the status of your motion, call the Clerk no earlier than the WEDNESDAY following your submission date. The Clerk will give you whatever information is available and tell you when to call back for additional information. Upon request, the Clerk will telephone the parties when an order is signed. If a ruling is time-sensitive, please explain the circumstances to the Clerk.

 

The Court tries to stay relatively current on its docket. If your ruling is overdue, we need to know about it as soon as possible. There may be a filing or misfiling issue involved. Please do not hesitate to call the Clerk.

 

To request an expedited hearing, call the Clerk or Coordinator. An expedited hearing will not be granted unless the parties have conferred about the matter. Only the Court can determine if a hearing is required and/or practicable. If an expedited hearing is granted, the movant is responsible for providing proper notice of the hearing to all parties.

 

The Court frequently will be available for a telephone conference.

 

The Court disfavors ex parte communications. Do not expect to be granted ex parte relief even if permitted by law. Approaching the Court unannounced on the bench or in chambers greatly diminishes your chance of success.    

 

            If the hearing on your motion will take longer than the time allotted on law day docket, make arrangements with the Clerk for an afternoon hearing, if available.

 

7. What are the Court’s requirements concerning the dismissal docket and motions to retain?

 

The Court periodically issues notices of intent to dismiss. The notice will contain specific instructions and actions you must take by the deadline stated in the notice in order to avoid dismissal.  Please fix the problem as indicated or file your motion to retain. A motion to retain is much more likely to be successful than a motion to reinstate.

 

            The “No Answer, No Service” DWOP docket will be set by the Court for oral hearing. Check with the Coordinator before coming to court. The “Hold For Judgment” and “Bankruptcy” DWOP dockets will be placed on the Court’s submission docket.

 

            If you file a motion to retain, outline your “game plan” for the case if it goes forward. Why has the case languished to this point?

 

8. Do you allow telephone conferences for the resolution of motions or any other matters? If so, who arranges them and when are they scheduled?

 

Out-of-town attorneys may participate in most hearings by telephone if they desire.  Telephone conferences may be arranged at mutually convenient times. Only the Court can determine if a hearing is required and/or practicable. It is necessary for the attorneys to call the Court by conference call if more than one party is participating in the hearing by telephone. The Court cannot initiate the call. Please call the Clerk for information.

 

Upon the filing of a motion to quash, the Court as a matter of course has the motion transferred to the Coordinator. The Coordinator calls the moving party and asks the parties to attempt to resolve the dispute. Upon the parties’ failure to do so, the Coordinator will set up a telephone conference with the judge.

 

When a party calls to request a hearing for a motion to compel, prior to even drafting and filing such a motion and response (which the Court decrees to be a terrible waste of time that exacerbates the dispute), the Court as a matter of course has the motion transferred to the Coordinator. The Coordinator calls the moving party and asks the parties to attempt to resolve the dispute. Upon the parties’ failure to do so, the Coordinator will set up a telephone conference with the judge.

           

9. What criteria does the Court use in choosing a guardian ad litem?

           

            The Court maintains a list of persons requesting appointment as guardian ad litem. To be appointed guardian ad litem requires 1) completion of the guardian ad litem course sponsored by the HBA and professional liability insurance coverage or 2) demonstration of commensurate qualifications. Any qualified lawyer who sends the Court a resume and/or letter of interest will be added to the list; however, that is not a guarantee of appointment.

 

            The Court will not appoint an agreed guardian ad litem. If a particular individual has special qualifications to serve a particular case, that information may be set out in your motion. If your case has special needs, please inform the Court.

 

            The Court requires a high degree of professionalism from appointed guardian ad litems. Please contact the Court if the guardian ad litem in your case is especially effective or is ineffective.

 

For minor settlement hearings, the Court expects the minor to be in attendance at the hearing and that the guardian ad litem has met with the minor prior to the hearing (which does not mean a meeting in the hallway outside the court immediately before the hearing).  Guardian Ad litem fees must be reasonable and, unless agreed to, supported by sufficient evidence.

 

The tax master appoints attorneys ad litems for cases on his docket, subject to the Court’s approval.

 

10. Does the Court prefer copies of cases attached to briefs/motions? 

 

You may attach to your motions or briefs copies of out-of-state cases.  It is not necessary to attach copies of Texas cases; however, you may attach all or part of important cases and highlight language that you want the Court to consider. Provide copies to your opposing party.  

 

If you cite cases, be sure that the cases actually say what you cite.

 

11. How is notice of rulings given by the Court?

 

You may expect the ever-popular post card from the District Clerk’s Office. You also are welcome to call the Clerk. If the Clerk is aware that the ruling is time sensitive, upon request, the Clerk may fax an order to the parties or telephone the parties when an order is signed. Frequently, the Clerk will fax an order that has been interlineated or rewritten by the judge. Check with the District Clerk about accessing imaged documents on-line.

 

    Alternative Dispute Resolution

 

12. What are the Court’s procedures for referring cases to alternative dispute resolution?

 

            The DCO will have a deadline for the parties to inform the Court of their ADR strategy. ADR does not have to be in the form of mediation; however, mediation is the easiest ADR technique for the Court to administer.

 

            When a mediator/neutral has been agreed to by the parties, please inform the Court by writing a letter to the Coordinator in order for that information to be entered in the Clerk’s computer system. If the ADR deadline passes and no agreed mediator/neutral is in the Clerk’s computer system for your case, the Court will order a mediator and a deadline by which mediation should be accomplished. Both the DCO and any mediation order are, in fact, court orders and should be given the same attention as any other court order.

 

            If the ADR deadline or the assigned mediator is not appropriate for your case, please file a motion to that effect at least thirty days before the ADR deadline. An agreed motion to modify the DCO or to substitute the mediator will be considered by the Court without a hearing. 

 

The Court maintains a list of persons requesting appointment as mediators. Any qualified lawyer who sends the Court a resume and/or letter of interest will be added to the list; however, that is not a guarantee of appointment. The Court requires a high degree of professionalism from appointed mediators. Please contact the Court if the mediator in your case is especially effective or is ineffective.

 

13. If an objection to ADR is required, when should it be filed?

 

            An objection to ADR should be filed by the deadline specified in the DCO. The objection should address whether mediation should be conducted, not when it should be conducted. Unless an objection to ADR has been granted, all cases are expected to expend a good faith effort in ADR before going to trial. Failure to honor the Court’s ADR deadline will not be cause for a trial continuance, but may lead to sanctions.

 

                Trial

 

14. What is the Court’s procedure for setting a trial?  How are cases that are not reached reset?

 

            Cases are set for trial usually within a year of filing. Cases that are not reached are reset automatically within approximately four months (with all deadlines in the DCO remaining intact unless the parties have requested an agreed DCO).  Attorneys may call the Coordinator or schedule a status conference with the Court to discuss special circumstances regarding their trial date, such as a need for a quicker trial setting, and other scheduling issues that may affect trial preparation. 

 

            If your case has not received a trial setting and DCO, please call the Coordinator or file a request for a trial setting.

 

15. Does the Court give preferential trial settings, and, if so, under what circumstances?

 

            The Court will consider special circumstances, such as parties or witnesses who live out of the country, in setting cases for trial.

 

16. What does the Court require in terms of a Pre-Trial Order?

 

            Approximately a week before your trial setting, you should receive a telephone call from the Coordinator regarding your pre-trial conference or trial date. Before that pre-trial conference or trial date, if no pre-trial conference is held, the parties are expected to exchange documents and discuss among themselves the issues to be brought to the attention of the judge before trial (see paragraph 17 below).

 

17. How does the Court notify parties of assignment to trial?

 

            The Coordinator will call the docket the week before the two-week trial period begins by telephoning lead attorneys or pro se parties at the telephone number listed in the District Clerk’s computer system.

 

The cases most likely to be reached in the two-week trial period will be given a time certain to appear for a pre-trial conference, which normally will be held the Friday before the two-week trial period begins. The rest of the docket will be on stand-by. Stand-by cases will be called in accordance with their estimated trial time and the available time on the Court’s docket, not necessarily in date order.  The Court will make every effort to give stand-by cases at least 24 hours’ notice of a trial date.

 

            At the pre-trial conference, the case will be fully pre-tried, so plan accordingly. The Court will ask the parties to achieve the following agenda:

1)     exhaust settlement negotiations,

2)     exchange the following:

a.       witness lists,

b.      exhibit lists,

c.      page/line deposition excerpts,

d.      objections to opponent’s deposition excerpts,

e.      motions in limine,

f.        proposed jury charges or findings of fact and conclusions of law,

3)     identify objections to any of the exchanged items,

4)     work out the objections to any of the exchanged items where possible.

 

Please provide to the Court Reporter a copy of the witness lists, exhibit lists, page/line deposition excerpts and deposition transcripts.

 

The agenda is modified slightly for non-jury trials. After the agenda is completed, the Judge and Court Reporter will put on the record all agreements and make rulings on matters unresolved. The requested materials may be filed with the Clerk on the day of the pre-trial conference.

 

            Any matter that has been set for hearing on a date later than the pre-trial conference will be heard at pre-trial conference as a pre-trial matter and is not a basis for a continuance.

 

            At the conclusion of all pre-trial conferences (if not before), parties will be given a trial date and time, subject to settlement of cases set ahead of them on the two-week trial docket.

 

18. When should Motions in Limine be filed?

 

            At the pre-trial conference or on the day of trial, if no pre-trial conference is held.

 

19. When should challenges to experts be made?

 

            If not addressed thirty days or more prior to the pre-trial conference (which is strongly recommended), the hearing will take place at that time.

 

20. What are the Court’s procedures for jury voir dire?

 

            The Court will ask lawyers for an estimated/desired time for voir dire and will grant “almost” all the time requested. Most cases will merit 30-45 minutes per side; however, the decision will be made on a case-by-case basis. Additional time may be granted if time is used effectively and the response of the venire warrants. There also may be an opportunity to question a few jurors individually in connection with strikes for cause (which are to be taken up only outside the presence of the panel after voir dire).

 

            Challenges for cause will be taken up outside the presence of the venire at the conclusion of voir dire.

 

            Short juror questionnaires may be used when appropriate. Contact the Bailiff in advance of the trial to discuss the logistics, including availability of clipboards and pencils. The parties should agree in advance to the form of questionnaire to be used and should prepare sufficient copies and all other needed supplies.

 

21. When does the Court want proposed jury questions and/or findings or fact and conclusions of law presented?

 

            The proposed charge may be filed at the pre-trial conference or on the first day of trial. It is not necessary to include boilerplate instructions. Amendments may be submitted during trial. You may e-mail a draft charge to the Coordinator.

 

            We will discuss the charge during breaks in the evidence, and I expect you to have raised all the issues with me prior to the formal charge conference. The formal charge conference will be brief, and the jury charge will be presented to the jury very shortly after the close of the evidence.

 

            On occasion, proposed findings of fact and conclusions of law may be submitted after a bench trial; however, the better procedure is to file them as outlined in the preceding paragraph. Counsel also should prepare a proposed form of judgment.

 

22. In March 2006, we move into the new Civil Justice Center where all you’re a/V needs will be met. In the meantime, Does the court provide its own blackboard?  Yes.      Chart stand?   Yes.      Overhead projector?   No.  Video equipment?    Shared TV/VCR available; however, we haven’t seen the remote control in a very long time. Other presentation equipment? We have those keen magnetic cars that stick to the white board. What arrangements must be made to use them?  Contact the Bailiff ahead of trial for availability of equipment on a certain date and any other needs you may have.