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Court Procedures


Submission Motions may be heard by written submission. Motions shall state Monday at 8:00 a.m. as the date for written submission. This date shall be at least 10 days from the filing with the District Clerk's office, except on leave of court. Responses shall be filed at least two working days before the date of the submission, except on leave of court per Local Rule 3.3.3

Summary Judgments (See Texas Rules of Court 166a(c) for notice requirements.

Dispositive Motions, Pleas and Summary Judgments
Must be set and heard 60 days prior to trial date and can be either set on the oral docket or the submission docket.

Judicial Foreclosure Rule 736 
Motions for Default regarding Applications for Expedited Judicial Foreclosure under T.R.C.P. 736, proof of service of the notice to the Defendant/Homeowner is required by filing with the court a copy of the signed green card(s) or if the certified mail is returned  unclaimed, a recitation in the certificate of service by the Plaintiff/Applicant's counsel that a copy of this notice was also sent via regular mail on __________(date) and it was not returned to their office. All Applications for Expedited Judicial Foreclosure* can be set on the Submission Docket or Oral Docket.

*All proposed Judgments pursuant to Rule 736,
including Agreed Judgments, must separately identify the actual damages, attorneys fees and costs of court (if any actual amount of the latter is specified).

Motion for Substituted Service
Motions for substituted service filed in the 80th District Court must be in strict compliance with Texas Rules of Civil Procedure Rule 106. 

Motions for withdrawal of counsel
All motion for withdrawal of counsel involving a Corporation must be set for oral hearing unless all counsel and the client of the attorney seeking withdrawal (as evidence by the clients signature) agree to the motion. The following, in substance, must be in the Motion and Order:

"If the corporation is not represented by an attorney within 14 days from the signing of the order to withdraw, the corporation's pleadings may be struck and a default judgment may be rendered against the unrepresented defendant corporation." For review-TRCP 7, Kunsto-Plast, Inc vs. Formosa Plantis 937 SW 2nd 455, 456 (Tex.1996)

Hearings are on Friday's @ 9 a.m. with 3 days written notice to the Court.

Motions for Default Judgment
Motions for Default Judgment filed in the 80th District Court must be in conformity with the Texas Rules of Civil Procedure, particularly Rule 239 and Rule 239a. A motion for Default Judgment may be set for oral or submission docket.

An Affidavit of Non-Military status as to an individual defendant is, of course, required.  This proof should be based on personal knowledge or, at a minimum, by reference to https://www.dmdc.osd.mil/appi/scra/scraHome.do (if you are having problems with this site, please call the Department of Defense and the number listed on the website.  Do not call the Court for assistance with this matter).

Motions to Retain
Motions to retain filed in the 80th District Court should indicate an adequate factual background to justify retention of the case. Motions to Retain must be set on the  Submision docket and if not set prior to the Dismissal Docket will be heard at the time of the Dismissal Docket. Motion's to Retain are not ruled on summarily. See Local Rule 3.3.4.

Motions to Reinstate                                                                                                                                                        
Motions to reinstate must bet set on the oral docket.


 
Trial Procedures

Prior to the time your case is assigned for a pre-trial please insure that you have exchanged all your pre-trial motions with opposing counsel(s) and that you have had a chance to discuss any problems that you may have in order to streamline the pre-trial. Have all exhibits pre-marked and seperated as to which you have agreed on and those that you may have problems with. All pre-trial motions must be exhchanged and filed with the court according to the Trial Preparation Order which is normally sent out by the Court approximately 30 days prior to the trial date. 

Once your case is assigned to trial please bring a copy of your Proposed Charge on a disc so that any revision can be made.

Severance Requirements

1. The motion for severance must be set either by submission or oral hearing.

2. The motion for severance must state the basis for the severance.

3. The order of severance must include the following information: 

  • How you want the case to be styled.
  • Case number, i.e. 2006-32041-A.
  • What parties are to be severed into the severed case.
  • What documents are to be severed into the severed case, (need exact title of document, image number and exact date filed) .
  •  State if the severed order disposes of the severed case or will it remain an active case.
  • State who will pay for the cost of the severance.

4. The proposed order must have all of the above information before the Judge grants the motion.

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