1. Can the court be contacted by e-mail or fax? Does the court accept filings by fax or e-mail?
You may contact the Trial Coordinator by e-mail. The Court does not accept filings by e-mail. When directed by the Court to provide documents via e-mail, you must also file them as appropriate. The Court does accept filings by fax.
2. What is your preferred procedure for contacting the court in a true emergency?
Please contact the Trial Coordinator and explain the emergency.
3. What are the court’s procedures for level 3 cases controlled by Rule 190.4?
Parties to complex cases are encouraged to cooperate and create a proposed docket control order to be presented to the Court. A party may on its own motion present a proposed docket control order for the Court's consideration at the next available hearing date. Otherwise, the Court will issue a standard docket control order.
4. Do you have any particular rules governing motions and/or orders on these motions?
Please ALWAYS include an ORDER with every motion or response.
a. Discovery motions:
All discovery motions are set for hearing on Monday at 9:30am. If you anticipate that you will need more than 15 minutes of oral argument for both sides, please let the Court's Clerk know when setting the hearing and we will try to schedule you at a more convenient time. Please make a good faith effort to resolve discovery disputes before seeking the Court's intervention as evidenced by a valid certificate of conference.
b. Motions for summary judgment:
All motions for summary judgment are set for hearing on Monday at 10:30am. If you anticipate that you will need more than 15 minutes of oral argument for both sides, please let the Court's Clerk know when setting the hearing and we will try to schedule you at a more convenient time. If you need a hearing date sooner than the one provided to you by the Court's Clerk (but not less than 21-day notice requirement), please contact the Trial Coordinator to facilitate an expedited hearing date.
c. Motions to dismiss/nonsuit (D.W.O.P.):
Motions to dismiss should be noticed by written submission.
d. Other motions (special exceptions, sanctions, severance/consolidation, default judgment, etc.):
Special Exceptions
Special exceptions should be may be noticed by written submission or oral hearing (although if an expedited ruling is required, then it should be set for oral hearing). Please attach a copy of pleadings and the order setting forth each special exception separately.
Motions for Sanctions
The Court discourages routine motions for sanctions and requests for attorneys' fees or expenses. You chances for recovering sanctions for abusive or uncooperative conduct increase if you can establish a pattern of abuse or obstruction or a particularly egregious instance of the same. As a general matter, the Court does not award sanctions except for violations of the Court's orders.
Motions for Severance
Motions for severance should be set for oral hearing. At the oral hearing, if the Court is inclined to grant the severance, you must provide the Court with certified copies of all the pleadings that you are requesting to be placed in the new cause number as well as an appropriate severance order which sets forth the parties and causes of actions which will remain in current cause number and the parties and causes of action which will proceed in the new cause number as well as the pleadings you requesting the Clerk of the Court to include in the new cause number.
Motions for Default
Motions for default should be set for oral hearing. Please include, as appropriate, affidavits to prove up liability, damages (if liquidated), and attorneys' fees. Please also include certificate of last known address, non-military affidavit, and an order.
5. When and how should motions be set for submission or oral hearing? (i.e., set on a particular date or time, amount of notice to opposing parties for oral hearing other than summary judgments, etc.?) Do you automatically allow oral hearings if requested?
The Court prefers oral hearings on all substantive motions, unless an oral hearing would add little to the issues presented. Motions set for written submission by the Court's Clerk should be set on Mondays at 8:00am with 10 days notice. Oral hearings also require 10 days notice of the hearing, absent leave of the Court or agreement between the parties. The Court reserves the right, however, as appropriate to cancel an oral hearing and consider a motion solely on the papers or set a motion for oral hearing that was otherwise noticed for written submission.
6. What is your preferred procedure for contacting the court or court staff regarding the status of motions? What procedures should be followed to obtain an expedited hearing?
Please contact the Court's Clerk to obtain the status of your pending motion. Please do not blame the Clerk if the Court is taking too long to rule on your motion, it is the Court's prerogative. The Clerk will, however, forward your inquiry to the Court. As a general matter, the Court strongly encourages parties to follow-up with the Court regarding pending motions that the Court has taken under advisement. It is the responsibility of the parties to secure a ruling from the Court. Please follow-up from time to time regarding the status of any pending rulings.
7. What requirements do you have concerning the dismissal docket and motions to retain?
The DWOP notice you will receive in the mail will tell you what you need to do to have the case retained on the Court's docket. Motions to reinstate a dismissed case must be filed within 30 days after the dismissal order was signed. Please contact the Trial Coordinator with any other questions.
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?
The Court strongly recommends telephone conferences to resolve motions or discovery disputes when it is practical to do so. The Court is particularly inclined to accommodate out of town parties who wish to attend a hearing via telephone. Please contact Court's Clerk to make the appropriate arrangements.
9. What are your procedures and requirements for court appointments of ad litems? What criteria do you use in choosing a guardian ad litem and granting guardian ad litem fees?
Please file a motion as required by the Rules of Texas Civil Procedure regarding a request for the appointment of an ad litem and contact the Trial Coordinator regarding the same. The Court will then name the guardian ad litem, if warranted.
10. Do you prefer copies of cases attached to briefs/motions? If so, do you prefer pertinent provisions of the cases to be highlighted?
Yes and Yes.
11. Is notice of rulings given by the court in writing? By telephone? On party inquiry only?
Notices of rulings are issued by postcard. Upon request, the Court will fax orders to parties.
12. What are your procedures for referring cases to alternative dispute resolution? Under what circumstances do you order mediation, when is it ordered, and how is the mediator chosen?
The Court generally requires the parties mediate, or file an objection regarding the same, by the deadline set in the docket control order. If expense is an issue, the Court will work with parties to minimize the expense.
13. What is your procedure for setting a trial? How are cases that are not reached reset?
Cases are set on a rolling, two-week trial docket with the Number 1 case called for trial on Tuesday morning, or such other time, as communicated by the Trial Coordinator to the parties. For cases that not reached during the setting, the Court will issue a reset notice to all parties that set forth the new trial date.
14. Do you give preferential trial settings, and, if so, under what circumstances?
On case-by-case basis, but the Court generally discourages them, unless warranted by the circumstances or statute.
15. Do you have any particular rules governing pre-trial orders (i.e. witness lists, draft jury charges, etc.)? Is a form available? When is it presented?
A standard pre-trial order, with the required submissions, is sent to the parties at least six weeks in advance of trial.
16. What is your procedure for notifying parties of assignment to trial?
The Trial Coordinator will contact the parties by telephone at least one week prior to trial and advise them of their status. The parties are free to contact the Trial Coordinator before then, if they have any questions.
17. When should Motions in Limine be filed?
Please See #15 above.
18. What is your procedure regarding challenges to experts (i.e., qualifications, Robinson, etc.)?
Please file a motion to strike, with supporting evidence and briefing on the applicable case law, and set it for oral hearing. If a full-blown Daubert hearing is required, please be sure to schedule the hearing with the Court as far in advance of trial as possible and please be realistic about the time required for the hearing.
19. What are your procedures for jury voir dire (time periods per side, procedures for striking jurors)?
Time periods are done in consultation with the lawyers. The Court is generally very flexible with voir dire, if the parties are efficient and use their time wisely.
20. When and in what form do you want proposed jury questions and/or findings of fact and conclusions of law presented (i.e., prior to trial, first day of trial, etc.)?
Prior to trial and via e-mail to the Trial Coordinator).
21. Does the court provide its own blackboard, chart stand, overhead projector,video equipmentor other presentation equipment?
Yes. Please consult with the Court's Bailiff in advance if you would instructions on how to use them.
22. What is your procedure for continuing trials? How early will you grant/deny a request and how early do you want the request made?
In general, please contact the Trial Coordinator regarding trial continuances. Sooner is generally better than later, or at the very least, consistent with the instructions sent to the parties under the Court's Pre-Trial Order.