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Judge Al Bennett Back to Judge Page

Court Procedures

Judge Bennett's Court Procedures:

All cases are automatically set for trial after the answer of a defendant.  On resettings, most are reset within 2 to 4 months if not reached at the first setting.

 

COURTROOM PROTOCOL

1.    Be Punctual
2.    Stand when adressing the Court
3.    No Blackberry, IPhone, etc use in the well of the Court

Motions

All motions require a certificate of conference attached with the exception of Motions for Default Judgments and motions for Summary Judgments.

Discovery motions

Attorneys must communicate before filing Motion and before hearing. Proposed orders should be attached to each motion. If parties have not conferred, the Court will postpone any consideration of motions.

Responses

If time is short before a hearing, please file your response directly with the court clerk so that the court will be able to read the response before the hearing date. Include a proposed order with your response.

Special exceptions

Attach a copy of the pleading you are excepting to (unless the exception is only to the amount of damages sought) or state verbatim the paragraph you except to. Proposed orders should list each exception separately.

Severances

The party requesting the severance must tab and paperclip all pleadings listed in the severance order to be copied for transfer to the new file. You must obtain certified copies of all pleadings listed and coordinate with the clerk on procedures.

Continuances

Continuances should be filed early.  My general policy is that each party is entitled to one timely asserted continuance -- no questions asked.   After that, I need a reasonable explanation that takes into consideration the current age and status of the case and whether opposing party is prejudiced by further delay.   More than likely,  I will require a hearing on any additional continuances.   

Default Judgments

A hearing is required on all motions for default judgment involving homeowners associations and expedited home foreclosures.


Daubert/Robinson. 

A hearing can be requested.

Hearings

Discovery Motions

The Court requires counsel to confer outside the courtroom before a hearing on any discovery dispute.    Should the same counsel return repeatedly on the same case, discovery or otherwise, the Court may schedule a designated day and time for all hearings, to give them his full attention. 

Emergencies/Expedited

If both sides agree to an emergency/expedited hearing, call the court clerk and set up a phone conference with the judge. If only one side feels it is an emergency, file a motion for emergency/expedited hearing. File it directly with the court clerk who will then give it to the judge for consideration of a hearing date.

Oral Docket

Any party requesting an oral hearing should call the court clerk for a date and time.  The court hears its oral docket on Fridays beginning at 9:00 a.m. 

APPEARANCE BY PHONE  

Notify the court at least one day before the hearing that you would like to appear by phone.  If more than one person wants to appear by phone at a scheduled hearing, the attorneys must conference inon one line and then call the court.

Submission Docket

The submission docket is Mondays at 8:00 am after 10 days notice.  Summary Judgments require 21 days notice. 

All motions for reconsideration shall be placed on the submission docket first.  Parties may file a request for an oral hearing along with their submission notice.

Trials

Always ask to approach the witness the first time you need to approach, thereafter you can move between counsel table and the witness as needed. 

Address the adult witness as "Mr." or "Ms."

Barring exceptional circumstances, each party is given only two opportunities to question a witness, i.e, direct and redirect, or cross and recross.

All Pre trial Matters will be heard just prior to jury selection.  Exchange motions in limine, exhibit lists, deposition excerpts and any objections thereto prior to the pre trial hearing.  Discuss the matters among yourselves and attempt agreements.  Advanced rulings on deposition excerpts are available by request, however they are usually ruled on during trial.

Time for voir dire depends on the complexity of the case. After the general voir dire, individual jurors can be questioned at the bench for cause.

I allow some facts to put examimation into perspective, but no opening.

Challenges for Cause

Jury Venire excused for all challenges for cause at once between voir dire and peremptory.  Liberal with cause determinations and hardships provided I have enough on the panel to make a jury

Peremptory Challenges

Clerk prepares strike list for the lawyers to mark and sign their peremptory challenges

Questionnaires

I tend to discourage questionnaires as they to extend the length of voir dire.  I will discuss them in certain cases at an earlier date before the first day of voir dire.

Batson Challenges

The Court will allow time for any Batson challenges.

Exhibits

Use numbers for the exhibits, not letters.  Have a list prepared for the Court and another for the court reporter.

 

 

 

Harris County Administrative Offices of the District Courts 2006
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