ORAL DOCKET
Law Day Docket are virtual via ZOOM on Mondays and Fridays. Any party requesting an oral hearing for the motion docket\r\nshould use our E-Hearing Portal. You can go to www.hcdistrictclerk.com; Online Services; My Filings. It allows the party to\r\nselect a date and time without contacting the court. When selecting a date\r\nplease stay within the courts 30-day window to select a\r\ndate. For further assistance, please contact the Court at 832-927-2270.
https://www.hcdistrictclerk.com/InstructionalDocs/HCDCWebSite_eHearing%20Features.pdf
* There can ONLY be (1) motion set per each 15-minute\r\nsetting slot. If you have (2) motions needing settings you will need (2) time\r\nslots.*
SUBMISSION DOCKET
The 270th\r\nCourt submission docket is only\r\naccessed via the District Clerk’s online E-hearing portal. ALL motions for summary judgments must be set on the submission docket. All other types of contested motions must be set under the Law Day Docket using the E-hearing\r\nportal.
* If a party is a pro-se litigant, then the MSJ hearing must be set on the Law Day Docket, under Other Type of Motions.
CERTIFICATE OF\r\nCONFERENCE
A certificate of\r\nconference is required on all motions, pleas, and special exceptions EXCEPT for:
\r\n * Motions for Summary Judgments
\r\n * Defaults Judgments
\r\n * Motions for voluntary dismissal or non-suit
\r\n * Post-verdict motions
\r\n * Motions involving service of citation
\r\n * Writ of Sequestration
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\r\nCertificates of conference must state how and when parties have conferred\r\non the matters on which relief is sought, and whether the relief is opposed,\r\nagreed, or agreed in part. The\r\nmovant must confer person-to-person with opposing counsel before the Court will\r\nconsider a motion that requires a conference. \r\n
The Court will pass motions\r\nthat do not have a certificate stating (1) that the movant has actually talked\r\nto opposing counsel, or (2) why counsel have not been able to discuss the motion.
\r\n
\r\nA certificate of conference stating that you sent a letter or email to opposing\r\ncounsel and received no response is not a proper certificate\r\nof conference.
HOW DO I CONTACT THE COURT FOR AN EMERGENCY HEARING?
Call the court clerk during court hours. An\r\nemergency hearing will not be granted unless the parties have conferred about\r\nthe matter. Only the Court can determine\r\nif an emergency hearing is necessary. The Court frequently will be\r\navailable for a telephone conference.
TEMPORARY INJUNCTION\r\nHEARINGS
Please use the District Clerk's E-Hearing Portal\r\nto obtain a hearing date. It is imperative that we know whether\r\nor not you are ready to proceed with the hearing and how long the hearing will\r\ntake. All parties need to be served to\r\ngo forward with the TI. The 270th REQUIRES ALL cases\r\nto mediate before the Temporary Injunction is heard. We may need to reschedule your hearing, and\r\nextend the TRO for a more convenient time for the court.
MOTION\r\nFOR SUMMARY JUDGMENT
Can be set by using the District Clerk's\r\nE-Hearing System and a hearing Notice must sent NO LESS THAN 21\r\ndays prior to the hearing date. ALL\r\nSummary Judgments should be set and heard at least thirty days PRIOR to trial.
MOTION FOR DEFAULT JUDGMENT
Can be set on the oral docket ONLY. Utilize the E-Hearing\r\nSystem for an available date. The court will NOT hear any default motions that\r\ndoes not have a green card on file, have proof of service of the notice of\r\nhearing, or have the returned mail envelope or any approved substitution.
MOTION TO SUBSTITUTE COUNSEL
Parties need to have a signed\r\nsignature block of the outgoing & incoming attorney or attach a\r\nCertificate of Conference stating all parties are in agreement of\r\nsubstitution. If not agreed by all, this will need to be set for\r\na hearing.
MOTION TO WITHDRAW
Motions to withdraw as attorney of record require strict\r\ncompliance with Rule 10 of the Texas Rules of Civil Procedure. Motions in which\r\nthe party will be pro-se litigant after the attorney withdraws must include:
· the party’s telephone number;
· the party’s address;
· the party’s email address;
· a statement regarding consultation with the\r\nparty regarding the motion; and
· current deadlines and trial settings.
Orders on motions to withdraw also must include contact\r\ninformation for the pro-se litigant.
If the withdrawing attorney represents a corporation, counsel\r\nmust notify the corporate party that corporations cannot proceed pro-se or\r\nself-represented in Texas courts. A hearing must also be set on the Law Day Docket.
RULE 106 MOTION FOR\r\nSUBSTITUTED SERVICE
\r\n
\r\nAll Motions for Substituted Service under Rule 106 must be\r\naccompanied by an affidavit that includes the following information:
· Efforts taken to verify that defendant\r\nactually lives or works at the subject address.
· Each attempt at service, with date and time,\r\nthere should be a minimum of seven attempts.
· Identify of persons who were present at the\r\nsubject address and what was said.
· Identify of cars in the driveway or other\r\nindications that defendant resides at the subject address.
· At least two attempts before 7:30am AND two attempts after 7:30pm.
\r\nALTERNATIVE DISPUTE RESOLUTION
What are the Court’s procedures for referring\r\ncases to alternative dispute resolution?
The DCO will have a deadline for the parties to\r\ninform the Court of their ADR strategy. ADR does not have to be in the form of\r\nmediation; however, mediation is the easiest ADR technique for the Court to\r\nadminister.
When a mediator/neutral has been agreed to by\r\nthe parties, please inform the Court by writing a letter to the coordinator in\r\norder for that information to be entered in the clerk’s computer system.
\r\nIf an objection to ADR is required, when should it be filed?
An objection to ADR should be filed by the\r\ndeadline specified in the DCO. The objection should address whether mediation\r\nshould be conducted, not when it should be conducted. Unless\r\nan objection to ADR has been granted, ALL cases are expected to expend a good faith\r\neffort in ADR before going to trial. Failure to honor the Court’s ADR\r\ndeadline will not be cause for a\r\ntrial continuance, but\r\nmay lead to sanctions.
*All cases are required to be mediated before trial. *
TRIAL
All\r\ncases are automatically set for trial after the answer of a defendant.
MOTION FOR CONTINUANCE
Motions for Continuance are suspended until further notice.
VIRTUAL DOCKET CALL
The virtual docket call is held 2 weeks before trial\r\non Monday at 8:00 am via ZOOM. The ZOOM information can be found on the 270th\r\nCourt page. Failure to appear the virtual docket call will be grounds for\r\ndismissal for want of prosecution.
* All cases are on\r\ncall for the entire two-week docket. Cases\r\non the docket during a two-week period may be called to trial with a three (3)\r\nhour advance notice. Do NOT APPEAR for trial, unless you have received a\r\nnotification with a date and time for you to appear for trial. *
TRIAL SETTING
There are no docket positions; cases will be set for a date certain by the Trial Coordinator. If a case is not reached within the two-week docket the case will remain on standby and be rolled over to following two-week period. All cases are on rolling dockets.
TRIAL BINDERS
Counsel must provide the Court with a hardcopy trial binder. The trial binder should contain the motion in limine, exhibits, exhibit lists, witness lists, and page line designation. The TRIAL courtesy copy Binders are to be delivered to the trial coordinator, NO LATER THAN 4pm on the Thursday before the two-week trial period.
PRETRIAL
Pretrial conferences are held the morning of trial. Be\r\nprepared to discuss which of your opponents’ exhibits, witnesses, and limine\r\nissues you agree or do not agree upon. If you seek an advance ruling on\r\ndeposition excerpts or expert witness challenges, please set all motions to\r\nchallenge for hearing before the trial date.
The\r\nparties should exchange and file motion in limine, exhibits,\r\nexhibit lists, witness lists, deposition excerpts, and any objections before\r\nthe assigned trial. Discuss the matters among yourselves and\r\nattempt agreements.
The Court has adopted a standing Order in Limine applicable\r\nto all cases. Do not duplicate these items in your Motions in\r\nLimine. Your motion should be limited to only those items specific to the\r\nfacts and circumstances in your case. The Court's standing Order in Limine can\r\nbe found under the orders of the Court Section.
VOIR DIRE
The time for voir\r\ndire depends on the complexity of the case. After the general voir dire,\r\nindividual jurors can be questioned at the bench for cause. Do not bring a jury\r\nquestionnaire to the first day of trial.
SETTLEMENTS
Upon announcing settlement, a notification of settlement must be filed\r\nwith the Court to remove the case from the active trial docket. Cases are set\r\non the Dismiss for Want of Prosecution docket upon filing of Notice of\r\nSettlement. Counsel has fourteen days to file an Agreed Judgment or Final Non-Suit\r\nwith the Court. If a\r\njudgment/non-suit has not been filed at the time of DWOP and counsel would like\r\nto maintain the case on the docket, a verified motion to retain must be filed with the\r\nCourt. A proposed order must be filed in order for a verified motion to retain to be\r\ngranted and avoidance of DWOP.
MINOR SETTLEMENTS
A Guardian Ad Litem will be required for all settlements involving minor children. The parties must submit a motion and order to request a Guardian Ad Litem.
* Minor must be present for the minor settlement hearing. *
MOTION TO RETAIN
A verified motion to retain and proposed order must be filed\r\nto retain the set case for dismissal on the Court's docket. There is no need to appear for the DWOP\r\nsetting, the case will automatically be DWOP'd if a Motion to Retain is not filed.
MOTION TO REINSTATE
Will be submitted to the court for review upon\r\nfiling.
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