PUNCTUALITY
Counsel and parties are expected to be present and ready to proceed at the scheduled time for all hearings and trial settings.
If a party is more than ten (10) minutes late for a hearing without prior notice to the Court (via contacting the Clerk), the following will apply: if the movant is late, the hearing will be passed; if the non-movant is late, the hearing will proceed in that party’s absence.
2. COURT ATTIRE
Counsel are required to wear business attire for all hearings, whether conducted in the courtroom or via Zoom. Business attire includes a suit or comparable professional courtroom attire customarily worn in a trial court. Men are required to wear a tie. Failure to comply with this policy may result in an appropriate sanction, which may include passing the hearing, particularly if the non-compliant party is the party seeking relief.
3. MANDATORY ELECTRONIC FILING
In accordance with the Local Rules of the Harris County District Courts, all cases filed in the 515th Civil District Court must be electronically filed. When submitting documents, counsel shall enter the full title of the pleading in the description field. Exhibits must be clearly labeled (without using all capital letters) and filed as separate documents.
4. MOTION PRACTICE
Agreed and Unopposed Motions
Unless otherwise specified herein, agreed or unopposed motions are not required to be set on the oral hearing or submission docket. Such motions must be clearly labeled “Agreed” or “Unopposed.”
Certificates of Conference
A certificate of conference is required on all motions (including discovery motions), pleas, and special exceptions except:
· Motions for Summary Judgment;
· Default Judgments;
· Agreed Judgments;
· Motions for Voluntary Dismissal or Non-Suit;
· Post-Verdict Motions; and
· Motions involving service of citation
The movant must confer directly, person-to-person, with opposing counsel before the Court will consider any motion requiring a conference. Motions that do not include a certificate confirming that counsel has actually spoken with opposing counsel regarding the requested relief—or explaining why such a discussion has not occurred—will be passed.
A certificate of conference stating only that a letter or email was sent to opposing counsel and no response was received does not constitute a proper certificate of conference.
Proposed Orders
All motions and responses shall be accompanied by a proposed order. This requirement includes objections to summary judgment evidence.
The Court may pass any hearing on a motion filed without a proposed order. Do not combine multiple motions into a single proposed order.
In some instances, the Court may require that longer or more complex proposed orders be emailed to the Clerk in Word format. When submitting a proposed order, include a cover letter stating whether the order is agreed as to form.
Courtesy Copies
Parties filing pleadings exceeding 20 pages or containing more than 50 pages of exhibits must provide the Court with a courtesy copy of the filing and exhibits. Written notice must also be provided to all parties identifying the specific documents delivered to the Court. If a courtesy copy contains highlighting or other markings, the submitting party must provide all other parties with an identical copy of what was provided to the Court.
The courtesy copy must also include a copy of the proposed order, the latest live pleading and answer, the current Docket Control Order, and any unpublished legal authority cited in the filing—particularly if the authority is available only through Lexis.
Citations and Hyperlinks
Footnotes are permitted in filings. If a motion contains hyperlinks, counsel may provide a courtesy copy of the motion on a USB thumb drive with any required courtesy copies.
If citing an unpublished opinion, counsel shall provide the Westlaw citation. The Court does not use Lexis; Lexis citations are not acceptable unless a copy of the unpublished opinion is provided to the Court.
Counsel are responsible for ensuring that all cited authorities exist and are accurately quoted. Citations to nonexistent, fabricated, or “hallucinated” cases will not be tolerated. If the Court determines that a motion contains such citations upon which its request for relief relies, the requested relief will be denied without further consideration.
Discovery Disputes
The Court expects parties to make every reasonable effort to resolve discovery disputes without judicial intervention. If those efforts are unsuccessful, a party 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 motion and proposed order must identify each discovery issue separately. Proposed orders shall list each disputed request or objection individually, allowing the Court to grant or deny relief as to each item.
Settlement Announcements
Parties are not required to appear in person to announce a settlement. Notification by telephone or email to the Court Coordinator is sufficient.
A plaintiff who announces settlement without an enforceable Rule 11 agreement does so at their own risk. If a final judgment or other dispositive filing is not submitted within fourteen (14) days after the Court is notified of the settlement, the case may be dismissed for want of prosecution. The Court may extend this deadline if appropriate.
Failure to obtain an enforceable settlement agreement does not constitute good cause to avoid dismissal or to seek reinstatement.
Settlements Involving Minor Children
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 proposed Final Judgment must be filed before contacting the Clerk to obtain a hearing date on the minor’s settlement. The proposed Final Judgment may be amended before the hearing, if necessary. If amendments are made, the parties must either file the amended proposed judgment or present a copy at the hearing with all changes from the previously filed version clearly highlighted.
The Court prefers that the Supreme Court Ad Litem Fee Report be filed in advance of the hearing; however, it is not required in order to obtain a hearing date.
Motions for Default Judgment
ALL Default judgments require an oral hearing. Contact the Clerk to set the hearing after filing the motion. Default judgments seeking liquidated damages may be set on the submission docket.
When seeking attorney’s fees in a motion for default judgment, the movant must include an affidavit providing competent evidence to support the claim. At a minimum, the affidavit should address: (1) counsel’s experience; (2) the work performed in the case; (3) the time spent performing that work; and (4) the hourly rate charged.
A Non-Military Affidavit that complies with recent amendments to the Soldiers and Sailors Relief Act must be submitted with the motion.
The Court requires the movant to provide defaulting parties, as well as any other parties who have appeared in the case, with 10 days’ notice of the hearing and the default motion. Notice must be sent via regular and certified mail, and the movant must certify this action in a certificate of service.
If the defaulting party was served at an address different from the one listed on the citation, the movant must file a Motion to Amend Citation. This motion should request that the citation be amended to reflect the address where valid service was achieved and should include a proposed Order to Amend Citation.
*Special Note Regarding Homeowners’ Association Defaults
The Court endeavors to work cooperatively with Homeowners’ Associations and property owners in judicial foreclosure matters.
Motions for Default Judgment based on unpaid assessments or deed restriction violations must be set for oral hearing. A board member or property manager is not required to attend the hearing.
It is not necessary to submit the Association’s complete declarations. Only the lien foreclosure provisions are required for the Court’s review. Likewise, only the property description from the deed must be submitted for the Court’s consideration.
Motions for Severance
Motions for Severance should be set on the submission docket, any Monday at 8:00 a.m. with ten days’ notice. The motion must state the basis for the severance. The proposed Order of Severance should include the following:
*Special Note Regarding Bankruptcies
Severances are not automatically granted due to bankruptcy filings. In such cases, the opposing party should either dismiss the bankrupt party in the 133rd District Court and proceed in Bankruptcy Court or seek relief from the bankruptcy stay in Bankruptcy Court and then proceed in the 133rd.
Motions to Withdraw as Counsel
All motions to withdraw as counsel must be set on the Court’s oral hearing docket unless the motion strictly complies with Texas Rule of Civil Procedure 10 and is signed by all parties and all attorneys of record. Contested motions to withdraw must be set for oral hearing in all circumstances and will be granted only when absolutely necessary.
Motions for substitution may be set on the Court’s submission docket.
Rule 106 Motions for Substitute Service
Motions for substituted service under Texas Rule of Civil Procedure 106 must be supported by an affidavit that includes:
Motions for substituted service will be placed on the submission docket; no notice of submission is required.
Motions for Sanctions
Sanctions should not be requested absent a violation of a prior court order. In other circumstances, counsel should seek reimbursement of reasonable costs rather than sanctions.
Motions for Summary Judgment: Rule 166a
Amendments to Texas Rule of Civil Procedure 166a became effective March 1, 2026. Counsel are expected to review the amended rule in its entirety and to strictly comply with its procedural requirements. The Court will apply Rule 166a as amended and assumes that attorneys appearing before it are familiar with, and understand, the current version of the rule.
Summary judgment evidence should be filed or attached contemporaneously with the motion or response rather than incorporated by reference to materials previously filed.
Any no-evidence motion for summary judgment filed before the discovery period has elapsed will likely be DENIED without prejudice. Counsel should consult the Docket Control Order regarding the appropriate timing for filing such motions.
5. HEARINGS
Oral Hearings
Law Day dockets are held on Tuesdays beginning at 9:00 a.m. and are conducted in person only, zoom appearances are only permitted with prior approval from the court and only granted if the party in question is physically or terminally ill or live out of the State.
Except for requests for oral hearings on summary judgment motions, a party seeking an oral hearing must contact the Clerk to obtain a hearing date. The party must provide an estimated time for the hearing and indicate whether a Court Reporter is required. No motion will be set for oral hearing without a time estimate.
Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants. The notice must state the exact title of each motion to be heard.
Any responsive pleading must be filed by 12:00 p.m. on the last business day before the hearing. Late-filed responses will not be considered.
If a hearing is passed, counsel must promptly notify the Clerk at 832-927-3795 and all parties.
Submission Docket
The submission docket is held on Mondays at 8:00 a.m. Most motions require ten (10) days’ notice. A party setting a matter on the submission docket shall file a Notice of Submission identifying the exact title of each motion and serve all counsel and self-represented parties.
A request for oral hearing is not a substitute for a response or a motion to continue. Any party seeking an oral hearing on a motion set on the submission docket must file a written request. The Clerk will provide a hearing date, and the requesting party must give notice of the hearing to all parties.
Summary Judgment Settings: Submission and Oral Hearings
Submission and oral hearing settings for motions for summary judgment are governed exclusively by Texas Rule of Civil Procedure 166a. Counsel are expected to be familiar with and strictly comply with the rule.
If a movant requests an oral hearing, the request must appear in the title of the motion. For example: “[Party’s] Traditional Motion for Summary Judgment and Request for Oral Hearing.” If the request for oral hearing does not appear in the title of the motion, the motion will be placed on the Court’s submission docket. If a non-movant requests an oral hearing, the request must appear in the title of the response.
Passing a motion for summary judgment is not permitted under Rule 166a, as amended. A party must either proceed on the motion or withdraw it. Any request to reset the hearing or submission must strictly comply with Rule 166a and will be granted only if authorized by the rule.
To withdraw a motion for summary judgment, the party must file a written notice of withdrawal with the Court. The notice shall be titled “Notice of Withdrawal of Motion for Summary Judgment” and, pursuant to Rule 166a, as amended, must identify the date the motion was originally filed.
An email to, or telephone call with, the Clerk advising of an intent to withdraw the motion is insufficient and does not constitute withdrawal or compliance with Rule 166a. Failure to comply with Rule 166a will result in the motion being denied.
Emergency Hearing Requests
To request an emergency hearing, a party must file a written emergency motion that provides a detailed explanation establishing the basis for emergency relief. The motion must also reflect that notice has been provided to all opposing counsel or self-represented parties, or must explain with specificity why notice could not be given.
The motion will be submitted to the Court for determination of whether an emergency hearing is warranted and, if so, for approval of the date and time of the hearing.
Telephonic Appearances
Telephonic appearances in contested matters are strongly discouraged. Permission to appear by telephone must be obtained in advance from the Court.
To request approval, counsel must contact the Clerk and request a hearing date to provide specific reasons demonstrating why a telephonic appearance is necessary to the presiding Judge. Absent prior approval, the matter will proceed in person.
Zoom Appearances
All appearances by Zoom require prior approval from the Court and are only allowed if the party is physically or terminally ill and/or operating more than 7+ hours away from Harris County/ out of the state of Texas.
Attorneys must wear professional business attire for all hearings, including those conducted via Zoom. Failure to comply with this requirement may result in appropriate sanctions.
6. TEMPORARY INJUNCTIONS
Temporary injunction hearings are generally set on Thursdays.
Before the hearing, counsel must contact the Clerk to confirm that all necessary parties have been served, that the matter is ready to proceed, the estimated length of the hearing, and the number of witnesses expected to testify. If necessary, the hearing may be reset, and any Temporary Restraining Order may be extended, to accommodate the Court’s schedule.
7. TRIAL CONTINUANCES
Agreed motions for continuance are not binding on the Court and will be granted only at the Court’s discretion. The number of continuance MUST be included in the order. EX. \"Plaintiffs order for a 3rd continuance\"
A first continuance requested by either party (plaintiff or defendant) may be granted for good cause or upon agreement of the parties, provided the motion is filed sufficiently in advance of the trial setting. If agreed, a hearing is not required unless, upon review of the motion, the Court determines that one is necessary. The proposed order MUST include a date or in the alternative, a blank line for the Court to consider or insert the new trial date.
If the parties seek to amend the Docket Control Order in addition to continuing the trial setting, the motion must expressly request such relief and the proposed order state that a new scheduling order will be entered. Alternatively, the parties may submit a proposed amended scheduling order for the Court’s consideration.
Any request for a continuance after the first reset must demonstrate a substantial need to delay the trial setting and must be set for oral hearing, regardless of whether the motion is agreed or opposed. Before filing such a motion, counsel must confer with the Court Coordinator regarding the Court’s procedures.
*If the parties request or agree to a summer trial setting, they must also expressly waive any vacation letters that would conflict with that setting.
8. TRIAL
Trial Settings
All cases are automatically scheduled for trial pursuant to a Docket Control Order and are placed on a two-week trial docket. The Court does not assign fixed docket positions in advance.
As the two-week docket approaches, counsel should contact the Court Coordinator regarding the status of the docket and the likelihood that the case will be reached. Cases generally receive at least seven (7) days’ notice before being called to trial, when practicable.
For Level 3 cases requiring special scheduling considerations—such as an extended discovery period or an abbreviated trial setting—the parties shall prepare and submit an agreed scheduling order for the Court’s approval.
To amend any deadline contained in the Docket Control Order (other than joinder, ADR, pretrial conference, or trial setting), the parties may proceed by Rule 11 agreement or by filing a motion for leave of court.
Preferential settings are available in special circumstances and may be requested by motion.
Pretrial Orders/Matters
The Court does not require the submission of a formal pretrial order. However, the parties are expected to exchange motions in limine, exhibit lists, witness lists, and deposition excerpts no later than one week before trial.
Duplicate exhibits shall be eliminated. Any demonstrative or blow-up exhibit must also be marked and tendered in an 8½ x 11 format.
Counsel shall be prepared at the start of trial to identify by exhibit number those exhibits to which there is no objection.
Pre-Trial Conferences
A pretrial conference is typically scheduled before commencement of trial; however, in some cases, the conference may be held on the morning trial begins. The Court Coordinator will notify counsel of the date and time of the conference. Requests to schedule the pretrial conference further in advance will be considered.
The parties must prepare, exchange, and bring to the pretrial conference a Trial Notebook containing the following:
At the pretrial conference, the Court will consider and rule on motions in limine and objections to deposition excerpts, pre-admit agreed exhibits, address witness and time management issues, and discuss any other matters necessary to ensure an orderly and efficient trial.
Motions in Limine
Motions in limine should be limited to specific, anticipated evidentiary issues that are actually relevant to the case. Counsel should not file form or boilerplate motions addressing matters that are not implicated by the facts or anticipated evidence.
The Court follows the Texas Rules of Evidence. Counsel need not file motions in limine merely to restate or preserve routine objections under the Rules of Evidence.
A motion in limine is not a vehicle for requesting an advisory ruling on abstract concepts or generalized trial strategies. Counsel should identify the specific evidence, question, or argument that counsel believes requires an approach to the bench before being presented to the jury. If counsel cannot articulate what specific matter requires an approach to the bench, it should not be included in the motion in limine.
If a motion in limine contains more than twenty separate evidentiary issues, counsel should reevaluate each issue to determine whether it presents a distinct, case-specific matter that genuinely requires a pretrial ruling.
Court’s Charge
The parties shall exchange a proposed jury charge before trial. Each party shall provide the Court with an electronic copy in Microsoft Word format no later than 4:00 p.m. on the day before trial begins.
Non-Jury Trials
Unless otherwise directed, the parties shall follow the Court’s jury trial procedures. In addition, counsel must prepare and exchange proposed Findings of Fact and Conclusions of Law, as well as any closing argument briefs, and provide copies to the Court.
Counsel shall also submit a proposed form of judgment for the Court’s consideration.
Expert Challenges
Any motion to exclude or otherwise challenge expert testimony must be filed and set for hearing at least thirty (30) days before trial.
Trial Testimony by Videotaped Deposition
No party shall present videotaped deposition testimony at trial in which the excerpts shown to the jury exceed twenty (20) minutes without first obtaining leave of Court.
9. COURT RECORDS/TRANSCRIPTS/EXHIBITS
Before any hearing or trial, counsel must identify themselves to the Court Reporter and provide a business card reflecting their current address, telephone number, and State Bar number. Counsel shall also provide the reporter with (1) a glossary of names and technical terms expected to be used and (2) copies of any case citations that will be referenced.
Plaintiff’s exhibits must be marked with “Plaintiff’s Exhibit” stickers; Defendant’s exhibits must be marked with “Defendant’s Exhibit” stickers. Exhibits shall be numbered, not lettered. Accurate exhibit lists must be provided to both the Court and the Court Reporter.
Before trial begins, each party shall provide the Court Reporter with its marked original exhibits and a corresponding exhibit list. The Court Reporter will retain custody and control of all original exhibits throughout trial. Counsel shall retain a copy for personal use and must provide copies of their exhibits to opposing counsel and to the Court. If a party intends to question a witness about an exhibit, counsel must have a complete set of the relevant exhibits available for that witness while the witness 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 must also provide the Court Reporter with a thumb drive containing an electronic copy of their exhibits.
Multi-page exhibits must be stapled, bound, or otherwise securely assembled.
All redactions must be completed before an exhibit is offered. If an exhibit is redacted after admission, it shall be re-marked as an “A” exhibit, and the original unredacted version shall be retained by the Court Reporter for the record. Once an exhibit is offered—whether admitted or not—it must be tendered to the Court Reporter. An exhibit number, once assigned, may not be reused.
Page and line designations for deposition testimony, along with a non-condensed copy of the transcript, must be provided to the Court Reporter before the testimony is offered. When reading deposition testimony into the record, counsel must state “Question” and “Answer” before each respective portion.
Copies of any PowerPoint presentations and any case law to be referenced shall be provided to the Court Reporter at the same time they are provided to the Court.
Arrangements for transcripts should be made directly with the Court Reporter. Requests for daily copy must be made at least one week before trial, and opposing counsel must be notified of the request.
The Court Reporter may be contacted at harrelsonkatelyn@gmail.com
10. MEDIATION
The Court does require mediation in every case following the docket control order issued or before the trial date issued.
11. COURTROOM AUDIO/VISUAL EQUIPMENT
All courtrooms are equipped with state-of-the-art audio-visual technology, including an ELMO (document camera), computer connections, projectors, and large video screens. Counsel are encouraged to use the ELMO to publish exhibits to the jury.
Counsel are responsible for ensuring that all equipment is compatible and fully functional. If unfamiliar with the courtroom technology, counsel may coordinate with the Court Coordinator in advance of trial to access the courtroom and test their equipment and presentation setup and are strongly encouraged to do so before the day of trial.