{"courtSectionTextID":1619,"courtID":9,"title":"133rd District Court Procedures","sectionText":"

 

  1. Below are the procedures\r\napplicable to cases assigned to the 133rd Judicial District Court of Harris\r\nCounty, Texas. These procedures are to be used in conjunction with the Local\r\nRules of the Civil Trial Division.

    The Court requires strict\r\ncompliance with these procedures and with the Local Rules.

    1.      PUNCTUALITY

    Counsel and parties are\r\nexpected to be present and ready to proceed at the scheduled time for all\r\nhearings and trial settings.

    If a party is more than ten\r\n(10) minutes late for a hearing without prior notice to the Court (via\r\ncontacting the Clerk), the following will apply: if the movant is late, the\r\nhearing will be passed; if the non-movant is late, the hearing will proceed in\r\nthat party’s absence.

    2.     COURT\r\nATTIRE

    Counsel are required to wear\r\nbusiness attire for all hearings, whether conducted in the courtroom or via\r\nZoom. Business attire includes a suit or comparable professional courtroom\r\nattire customarily worn in a trial court. Men are required to wear a tie.\r\nFailure to comply with this policy may result in an appropriate sanction, which\r\nmay include passing the hearing, particularly if the non-compliant party is the\r\nparty seeking relief.

    3.     MANDATORY\r\nELECTRONIC FILING

    In accordance with the Local Rules\r\nof the Harris County District Courts, all cases filed in the 133rd Civil\r\nDistrict Court must be electronically filed. When submitting documents, counsel\r\nshall enter the full title of the pleading in the description field. Exhibits\r\nmust be clearly labeled (without using all capital letters) and filed as\r\nseparate documents.

    4.    MOTION\r\nPRACTICE

    Agreed and Unopposed Motions

    Unless otherwise specified herein, agreed or unopposed\r\nmotions are not required to be set on the oral hearing or submission docket.\r\nSuch motions must be clearly labeled “Agreed” or “Unopposed.”

    Certificates\r\nof Conference

    A\r\ncertificate of conference is required on all motions (including discovery\r\nmotions), pleas, and special exceptions except:

    \t·        \r\nMotions for Summary Judgment;

    \t·        \r\nDefault Judgments;

    \t·        \r\nAgreed Judgments;

    \t·        \r\nMotions for Voluntary Dismissal or\r\nNon-Suit;

    \t·        \r\nPost-Verdict Motions; and

    \t·        \r\nMotions involving service of\r\ncitation

    The\r\nmovant must confer directly, person-to-person, with opposing counsel before the\r\nCourt will consider any motion requiring a conference. Motions that do not\r\ninclude a certificate confirming that counsel has actually spoken with opposing\r\ncounsel regarding the requested relief—or explaining why such a discussion has\r\nnot occurred—will be passed.

    A\r\ncertificate of conference stating only that a letter or email was sent to\r\nopposing counsel and no response was received does not constitute a proper certificate of conference.

    Proposed\r\nOrders

    All\r\nmotions and responses shall be accompanied by a proposed order. This\r\nrequirement includes objections to summary judgment evidence.

    The\r\nCourt may pass any hearing on a motion filed without a proposed order. Do not\r\ncombine multiple motions into a single proposed order.

    In some instances, the Court may require that longer\r\nor more complex proposed orders be emailed to the Clerk in Word format. When\r\nsubmitting a proposed order, include a cover letter stating whether the order\r\nis agreed as to form.

  2. Courtesy Copies

    Parties\r\nfiling pleadings exceeding 20 pages or containing more than 50 pages of\r\nexhibits must provide the Court with a courtesy copy of the filing and\r\nexhibits. Written notice must also be provided to all parties identifying the\r\nspecific documents delivered to the Court. If a courtesy copy contains\r\nhighlighting or other markings, the submitting party must provide all other\r\nparties with an identical copy of what was provided to the Court.

    The\r\ncourtesy copy must also include a copy of the proposed order, the latest live\r\npleading and answer, the current Docket Control Order, and any unpublished\r\nlegal authority cited in the filing—particularly if the authority is available\r\nonly through Lexis.

    Citations and Hyperlinks

    Footnotes\r\nare permitted in filings. If a motion contains hyperlinks, counsel may provide\r\na courtesy copy of the motion on a USB thumb drive with any required courtesy\r\ncopies.

    If\r\nciting an unpublished opinion, counsel shall provide the Westlaw citation. The\r\nCourt does not use Lexis; Lexis citations are not acceptable unless a copy of\r\nthe unpublished opinion is provided to the Court.

    Counsel\r\nare responsible for ensuring that all cited authorities exist and are\r\naccurately quoted. Citations to nonexistent, fabricated, or “hallucinated”\r\ncases will not be tolerated. If the Court determines that a motion contains\r\nsuch citations upon which its request for relief relies, the requested relief will\r\nbe denied without further consideration.

    Discovery\r\nDisputes

    The\r\nCourt expects parties to make every reasonable effort to resolve discovery\r\ndisputes without judicial intervention. If those efforts are unsuccessful, a\r\nparty may file a motion to compel. All motions to compel, and any motion related to discovery disputes, must be set on the oral hearing docket.

    The\r\nmotion and proposed order must identify each discovery issue separately.\r\nProposed orders shall list each disputed request or objection individually,\r\nallowing the Court to grant or deny relief as to each item.

    Settlement\r\nAnnouncements

  3. Parties\r\nare not required to appear in person to announce a settlement. Notification by\r\ntelephone or email to the Court Coordinator is sufficient.

    \r\n\r\n

    A\r\nplaintiff who announces settlement without an enforceable Rule 11 agreement\r\ndoes so at their own risk. If a final judgment or other dispositive filing is not\r\nsubmitted within fourteen (14) days after the Court is notified of the\r\nsettlement, the case may be dismissed for want of prosecution. The Court may\r\nextend this deadline if appropriate.

    \r\n\r\n

    Failure\r\nto obtain an enforceable settlement agreement does not constitute good cause to\r\navoid dismissal or to seek reinstatement.

  4.  Settlements Involving Minor\r\nChildren

    A Guardian Ad Litem is required in all settlements involving minor children. The parties shall file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed Order Appointing Guardian Ad Litem. The Court will appoint the Guardian Ad Litem from the Court’s approved list of qualified attorneys. The parties shall not request a particular Guardian Ad Litem for appointment, and the Court does not appoint Guardian Ad Litems selected or agreed upon by the parties or counsel.

    A\r\nproposed Final Judgment must be filed before contacting the Clerk to obtain a\r\nhearing date on the minor’s settlement. The\r\nproposed Final Judgment may be amended before the hearing, if necessary. If\r\namendments are made, the parties must either file the amended proposed judgment\r\nor present a copy at the hearing with all changes from the previously filed\r\nversion clearly highlighted.

    \r\n\r\nThe Court prefers that the Supreme Court Ad Litem Fee\r\nReport be filed in advance of the hearing; however, it is not required in order\r\nto obtain a hearing date.

    Motions for Default Judgment

    Default judgments seeking unliquidated damages require\r\nan oral hearing. Contact the Clerk to set the hearing after filing the motion.\r\nDefault judgments seeking liquidated damages may be set on the submission\r\ndocket.

    When seeking attorney’s fees in a motion for default\r\njudgment, the movant must include an affidavit providing competent evidence to\r\nsupport the claim. At a minimum, the affidavit should address: (1) counsel’s\r\nexperience; (2) the work performed in the case; (3) the time spent performing\r\nthat work; and (4) the hourly rate charged.

    A Non-Military Affidavit that complies with recent\r\namendments to the Soldiers and Sailors Relief Act must be submitted with the\r\nmotion.

    The Court requires the movant to provide defaulting\r\nparties, as well as any other parties who have appeared in the case, with 10\r\ndays’ notice of the hearing and the default motion. Notice must be sent via\r\nregular and certified mail, and the movant must certify this action in a\r\ncertificate of service.

    If the defaulting party was served at an address\r\ndifferent from the one listed on the citation, the movant must file a Motion to\r\nAmend Citation. This motion should request that the citation be amended to\r\nreflect the address where valid service was achieved and should include a\r\nproposed Order to Amend Citation.

    *Special Note Regarding\r\nHomeowners’ Association Defaults

    The Court endeavors to work cooperatively with\r\nHomeowners’ Associations and property owners in judicial foreclosure matters.

    Motions for Default Judgment based on unpaid assessments\r\nor deed restriction violations must be set for oral hearing. A board member or\r\nproperty manager is not required to attend the hearing.

    It is not necessary to submit the Association’s\r\ncomplete declarations. Only the lien foreclosure provisions are required for\r\nthe Court’s review. Likewise, only the property description from the deed must\r\nbe submitted for the Court’s consideration.

    Motions for Severance

    Motions for\r\nSeverance should be set on the submission docket, any Monday at 8:00 a.m. with\r\nten days’ notice. The motion must state the basis for the severance. The\r\nproposed Order of Severance should include the following:

    •  The\r\nstyle of the severed case;
    •  The\r\ncause number;
    •  The\r\nparties to be included in the severed case;
    •  The\r\npleadings to be severed into the new file;
    •  Whether\r\nthe severance order disposes of the severed case or whether the severed case\r\nwill remain active; and
    •  The\r\nparty responsible for payment of court costs and severance fees.

    *Special Note Regarding\r\nBankruptcies

    Severances are not automatically granted due to\r\nbankruptcy filings. In such cases, the opposing party should either dismiss the\r\nbankrupt party in the 133rd District Court and proceed in Bankruptcy Court or\r\nseek relief from the bankruptcy stay in Bankruptcy Court and then proceed in\r\nthe 133rd.

    Motions\r\nto Withdraw as Counsel

    All motions to withdraw as counsel must be set on the\r\nCourt’s oral hearing docket unless\r\nthe motion strictly complies with Texas Rule of Civil Procedure 10 and is\r\nsigned by all parties and all attorneys of record. Contested motions to\r\nwithdraw must be set for oral hearing in all circumstances and will be granted\r\nonly when absolutely necessary.

    Motions for substitution may\r\nbe set on the Court’s submission docket.

    Rule 106 Motions\r\nfor Substitute Service

    Motions for substituted service under Texas Rule of\r\nCivil Procedure 106 must be supported by an affidavit that includes:

    •  The efforts made to verify that\r\nthe defendant resides or works at the address in question;
    •  Each attempt at service, including\r\nthe date and time;
    •  The identity of any persons\r\npresent at the address and what was said;
    •  The identity of any vehicles\r\nobserved or other indicia that the defendant resides at the address; and
    •  Any additional facts demonstrating\r\nthat the defendant will receive notice through the requested method of\r\nsubstituted service.

    Motions for substituted service will be placed on the\r\nsubmission docket; no notice of submission is required.

    Motions for Sanctions

    Sanctions should not be requested absent a violation of\r\na prior court order. In other circumstances, counsel should seek reimbursement\r\nof reasonable costs rather than sanctions.

    Motions for Summary Judgment: Rule 166a

    Amendments to Texas Rule of Civil\r\nProcedure 166a became effective March 1, 2026. Counsel are expected to review\r\nthe amended rule in its entirety and to strictly comply with its procedural\r\nrequirements. The Court will apply Rule 166a as amended and assumes that\r\nattorneys appearing before it are familiar with, and understand, the current\r\nversion of the rule.

    Summary judgment evidence should\r\nbe filed or attached contemporaneously with the motion or response rather than\r\nincorporated by reference to materials previously filed.

    Any No-Evidence Motion for Summary\r\nJudgment filed before an adequate time for discovery has elapsed will likely be DENIED without prejudice.\r\nCounsel shall consult the Docket Control Order for guidance regarding the\r\ntiming of such motions.

    5.  HEARINGS

    Oral Hearings

    Law Day dockets are held on Mondays beginning at 9:30 a.m.\r\nand are conducted in person only.

    Except for requests for oral hearings on summary\r\njudgment motions, a party seeking an oral hearing must contact the Clerk to\r\nobtain a hearing date. The party must provide an estimated time for the hearing\r\nand indicate whether a Court Reporter is required. No motion will be set for\r\noral hearing without a time estimate.

    Once a hearing date is assigned, the requesting party\r\nmust file a Notice of Oral Hearing and serve it on all counsel and\r\nself-represented litigants. The notice must state the exact title of each\r\nmotion to be heard.

    Any responsive pleading must be filed by 4:00 p.m. on\r\nthe last business day before the hearing. Late-filed responses will not be\r\nconsidered.

    If a hearing is passed, counsel must promptly notify\r\nthe Clerk at 832-927-2480 and all parties.

    Submission Docket

    The submission docket is held on Mondays at 8:00 a.m.\r\nMost motions require ten (10) days’ notice. A party setting a matter on the\r\nsubmission docket shall file a Notice of Submission identifying the exact title\r\nof each motion and serve all counsel and self-represented parties.

    A request for oral hearing is not a substitute for a\r\nresponse or a motion to continue. Any party seeking an oral hearing on a motion\r\nset on the submission docket must file a written request. The Clerk will\r\nprovide a hearing date, and the requesting party must give notice of the\r\nhearing to all parties.

    Summary Judgment Settings: Submission and\r\nOral Hearings

    Submission and oral hearing settings for motions for\r\nsummary judgment are governed exclusively by Texas Rule of Civil Procedure\r\n166a. Counsel are expected to be familiar with and strictly comply with the rule.

    If a movant requests an oral hearing, the request must\r\nappear in the title of the motion. For example: “[Party’s] Traditional Motion\r\nfor Summary Judgment and Request for Oral Hearing.” If the request for oral\r\nhearing does not appear in the title of the motion, the motion will be placed\r\non the Court’s submission docket. If a non-movant requests\r\nan oral hearing, the request must appear in the title of the response.

    Passing a motion for summary judgment is not permitted\r\nunder Rule 166a, as amended. A party must either proceed on the motion or\r\nwithdraw it. Any request to reset the hearing or submission must strictly\r\ncomply with Rule 166a and will be granted only if authorized by the rule.

    To withdraw a motion for summary judgment, the party\r\nmust file a written notice of withdrawal with the Court. The notice shall be\r\ntitled “Notice of Withdrawal of Motion for Summary Judgment” and, pursuant to\r\nRule 166a, as amended, must identify the date the motion was originally filed.

    An email to, or telephone call with, the Clerk advising\r\nof an intent to withdraw the motion is insufficient and does not constitute\r\nwithdrawal or compliance with Rule 166a. Failure to comply with Rule 166a will\r\nresult in the motion being denied.

    Emergency Hearing Requests

    To request an emergency hearing, a party must file a\r\nwritten emergency motion that provides a detailed explanation establishing the\r\nbasis for emergency relief. The motion must also reflect that notice has been\r\nprovided to all opposing counsel or self-represented parties, or must explain\r\nwith specificity why notice could not be given.

    The motion will be submitted to the Court for\r\ndetermination of whether an emergency hearing is warranted and, if so, for\r\napproval of the date and time of the hearing.

    Telephonic Appearances

    Telephonic appearances in\r\ncontested matters are strongly discouraged. Permission to appear by telephone\r\nmust be obtained in advance from the Court.

    To request approval, counsel\r\nmust contact the Clerk and provide specific reasons demonstrating why a\r\ntelephonic appearance is necessary. Absent prior approval, the matter will\r\nproceed in person.

    Zoom Appearances

    All appearances by Zoom require prior approval from the\r\nCourt.

    Attorneys must wear professional business attire for\r\nall hearings, including those conducted via Zoom. Failure to comply with this\r\nrequirement may result in appropriate sanctions.

    6.  TEMPORARY INJUNCTIONS

    Temporary\r\ninjunction hearings are generally set on Mondays.

    Before\r\nthe hearing, counsel must contact the Clerk to confirm that all necessary\r\nparties have been served, that the matter is ready to proceed, the estimated\r\nlength of the hearing, and the number of witnesses expected to testify. If\r\nnecessary, the hearing may be reset, and any Temporary Restraining Order may be\r\nextended, to accommodate the Court’s schedule.

    7.   TRIAL\r\nCONTINUANCES

    Agreed motions for continuance are\r\nnot binding on the Court and will be granted only at the Court’s discretion.

    A first continuance may be granted\r\nfor good cause or upon agreement of the parties, provided the motion is filed\r\nsufficiently in advance of the trial setting. If agreed, a hearing is not\r\nrequired unless, upon review of the motion, the Court determines that one is\r\nnecessary. The proposed order shall include a blank for the Court to insert the\r\nnew trial date.

    If the parties seek to amend the\r\nDocket Control Order in addition to continuing the trial setting, the motion\r\nmust expressly request such relief and the proposed order state that a new\r\nscheduling order will be entered. Alternatively, the parties may submit a\r\nproposed amended scheduling order for the Court’s consideration.

    Any request for a continuance\r\nafter the first reset must demonstrate a substantial need to delay the trial setting\r\nand must be set for oral hearing, regardless of whether the motion is agreed or\r\nopposed. Before filing such a motion, counsel must confer with the Court\r\nCoordinator regarding the Court’s procedures.

    *If the parties request or agree\r\nto a summer trial setting, they must also expressly waive any vacation letters\r\nthat would conflict with that setting.

    8.  TRIAL

    Trial Settings

    All cases are automatically scheduled for trial\r\npursuant to a Docket Control Order and are placed on a two-week trial docket. The\r\nCourt does not assign fixed docket positions in advance.

    As the two-week docket approaches, counsel should\r\ncontact the Court Coordinator regarding the status of the docket and the\r\nlikelihood that the case will be reached. Cases generally receive at least\r\nseven (7) days’ notice before being called to trial, when practicable.

    For Level 3 cases requiring special scheduling\r\nconsiderations—such as an extended discovery period or an abbreviated trial\r\nsetting—the parties shall prepare and submit an agreed scheduling order for the\r\nCourt’s approval.

    To amend any deadline contained in the Docket Control\r\nOrder (other than joinder, pretrial conference, or trial setting), the parties\r\nmay proceed by Rule 11 agreement or by filing a motion for leave of court.

    Preferential settings are available in special\r\ncircumstances and may be requested by motion.

    Pretrial Orders/Matters

    The Court does not require the submission of a formal\r\npretrial order. However, the parties are expected to exchange motions in\r\nlimine, exhibit lists, witness lists, and deposition excerpts no later than one\r\nweek before trial.

    Duplicate exhibits shall be eliminated. Any\r\ndemonstrative or blow-up exhibit must also be marked and tendered in an 8½ x 11\r\nformat.

    Counsel shall be prepared at the start of trial to\r\nidentify by exhibit number those exhibits to which there is no objection.

    Pre-Trial Conferences

    A pretrial\r\nconference is typically scheduled prior to the commencement of trial; however,\r\nin some cases, the conference may be held on the morning trial begins. The\r\nCourt Coordinator will notify counsel of the date and time of the conference.\r\nRequests to schedule the pretrial conference further in advance will be\r\nconsidered.

    The parties\r\nmust prepare, exchange, and bring to the pretrial conference a Trial Notebook\r\ncontaining the following:

    • Live pleadings;
    •  Witness lists (with estimated time\r\nfor examination and cross-examination of each);
    • Exhibit lists (including copies of\r\nexhibits and any objections);
    • Motions in Limine and objections;
    • Deposition extracts and\r\nobjections; and
    • Proposed jury charges.

  5. At the pretrial conference, the Court will consider and\r\nrule on motions in limine and objections to deposition excerpts, pre-admit\r\nagreed exhibits, address witness and time management issues, and discuss any\r\nother matters necessary to ensure an orderly and efficient trial.

    Court’s Charge

    A proposed jury charge should be exchanged before\r\ntrial. Provide the Court with an electronic copy in Microsoft Word format.

    Non-Jury Trials

    Unless otherwise directed, the parties shall follow the\r\nCourt’s jury trial procedures. In addition, counsel must prepare and exchange\r\nproposed Findings of Fact and Conclusions of Law, as well as any closing\r\nargument briefs, and provide copies to the Court.

    Counsel shall also submit a proposed form of judgment\r\nfor the Court’s consideration.

    Expert Challenges

    Any motion to exclude or otherwise challenge expert\r\ntestimony must be filed and set for hearing at least thirty (30) days before\r\ntrial.

    Trial Testimony by Videotaped Deposition

    No party shall present videotaped deposition testimony\r\nat trial in which the excerpts shown to the jury exceed twenty (20) minutes\r\nwithout first obtaining leave of Court.

    9.  COURT\r\nRECORDS/TRANSCRIPTS/EXHIBITS

    Before\r\nany hearing or trial, counsel must identify themselves to the Court Reporter\r\nand provide a business card reflecting their current address, telephone number,\r\nand State Bar number. Counsel shall also provide the reporter with (1) a\r\nglossary of names and technical terms expected to be used and (2) copies of any\r\ncase citations that will be referenced.

    Plaintiff’s\r\nexhibits must be marked with yellow “Plaintiff’s Exhibit” stickers; Defendant’s\r\nexhibits must be marked with blue “Defendant’s Exhibit” stickers. Exhibits\r\nshall be numbered, not lettered. Exhibit stickers are available from the Court\r\nReporter. Accurate exhibit lists must be provided to both the Court and the Court\r\nReporter.

    Before trial begins, each party\r\nshall provide the Court Reporter with its marked original exhibits and a\r\ncorresponding exhibit list. The Court Reporter will retain custody and control of all original\r\nexhibits throughout trial. Counsel shall retain a copy for personal use and\r\nmust provide copies of their exhibits to opposing counsel and to the Court. If\r\na party intends to question a witness about an exhibit, counsel must have a\r\ncomplete set of the relevant exhibits available for that witness while the\r\nwitness is on the stand. The Court does not provide copying services. Each party is responsible for bringing sufficient copies of all exhibits for use at the hearing or trial. 

    Counsel\r\nmust also provide the Court Reporter with a thumb drive containing an\r\nelectronic copy of their exhibits.

    Multi-page\r\nexhibits must be stapled, bound, or otherwise securely assembled.

    All\r\nredactions must be completed before an exhibit is offered. If an exhibit is\r\nredacted after admission, it shall be re-marked as an “A” exhibit, and the\r\noriginal unredacted version shall be retained by the Court Reporter for the\r\nrecord. Once an exhibit is offered—whether admitted or not—it must be tendered\r\nto the Court Reporter. An exhibit number, once assigned, may not be reused.

    Page and\r\nline designations for deposition testimony, along with a non-condensed copy of\r\nthe transcript, must be provided to the Court Reporter before the testimony is\r\noffered. When reading deposition testimony into the record, counsel must state “Question”\r\nand “Answer” before each respective portion.

    Copies of\r\nany PowerPoint presentations and any case law to be referenced shall be\r\nprovided to the Court Reporter at the same time they are provided to the Court.

    Arrangements\r\nfor transcripts should be made directly with the Court Reporter. Requests for\r\ndaily copy must be made at least one week\r\nbefore trial, and opposing counsel must be notified of the request.

    The Court\r\nReporter may be contacted at Marilee_Anderson@justex.net

    10.   MEDIATION

    The Court does not require\r\nmediation in every case. However, the Court may order mediation on a\r\ncase-by-case basis.

    11.    COURTROOM AUDIO/VISUAL EQUIPMENT

    All courtrooms are equipped with state-of-the-art audio-visual\r\ntechnology, including an ELMO (document camera), computer connections,\r\nprojectors, and large video screens. Counsel are encouraged to use the ELMO to\r\npublish exhibits to the jury.

    Counsel are responsible for ensuring that all equipment\r\nis compatible and fully functional. If unfamiliar with the courtroom\r\ntechnology, counsel may coordinate with the Court Coordinator in advance of\r\ntrial to access the courtroom and test their equipment and presentation setup\r\nand are strongly encouraged to do so\r\nbefore the day of trial.

     

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