Court Procedures:
Pre-trial Procedures and Motion Practice
Law day dockets are on Monday's beginning at 9:00 AM and are in-person only. Any party requesting an oral hearing can obtained a date by the clerk, please call the main number 832-927-2234. Once you obtain a hearing date you are required to file a Notice of Oral Hearing and serve it on all counsel or pro se parties. The court strives to read every filing prior to the oral hearing, and thus would like to have as much lead time as possible to read motions and responses so that it may rule promptly at the hearing or very shortly thereafter. Please call the Court Clerk and all counsel when any hearing is passed.
Submission docket takes place on Monday at 8:00 AM after 10 days’ notice for most motions. A request for an oral hearing is not a substitute for a response nor for a motion to continue the hearing. If a party wants an oral hearing on a motion that has been placed on the submission docket that party should e-file a letter with the court requesting the hearing.
Temporary injunctions are set on Mondays at 11:30 a.m.
Before scheduling hearings, movants should call the Court and advise (1) regarding
readiness to proceed with the hearing, and (2) the estimated length of the hearing.
Depending on trial schedules and the length of the hearing, the Court may find it
necessary to extend the TRO and reschedule the temporary-injunction hearing.
Parties should not bring witnesses to court until checking with the court clerk.
1.3 EMERGENCY HEARING:
In order to receive an emergency hearing, you must e-file an emergency motion that provides a detailed explanation of why it is needed. Once the motion if filed, it will be presented to the judge for review. If the judge determines that an emergency hearing is warranted, she will approve a date and time for the hearings.
2. MOTION
2.1 AGREED AND UNOPPOSED MOTIONS
Agreed or unopposed motions do not have to be placed on the court’s oral hearing or submission docket. All unopposed or agreed motions should be titled as such and must be signed by all parties or include a Certificate of Conference.
In addition, ALL continuance or reset motions (whether agreed, unopposed or opposed) MUST state what number continuance motion is being filed (i.e. “Plaintiff’s First” or “Defendant’s Second” or “Third Agreed Motion,” etc.). If a motion is actually agreed, the motion and order should contain signature blocks for all parties that are agreed to the relief requested, and should state “AGREED AS TO SUBSTANCE AND FORM AND ENTRY REQUESTED” above the signature block.
CONTINUANCES
First continuances may be granted for good cause or upon agreement of the parties if a motion for continuance is filed sufficiently in advance of the trial setting. If agreed, first continuances will not require a hearing unless after reviewing the motion the Court deems one necessary. The proposed order granting the continuance shall provide a space for the new trial date to be inserted by the Court. If the parties would like to amend the docket control order in addition to continuing the trial date, please note your request in the Motion for Continuance and include the statement that a new scheduling order shall be issued by the Court in the proposed order. Alternatively, an amended scheduling order may be submitted. Continuances after the third continuance must demonstrate substantial need for a delay of the trial setting and must be set for oral hearing whether agreed or opposed.
2.2 CERTIFICATES OF CONFERENCE
A certificate of conference is required on all motions, pleas and special exceptions except:
The movant must confer person-to-person with opposing counsel before the
Court will consider a motion that requires a conference. The Court will pass
motions that do not have a certificate stating (1) that the movant has actually
talked to opposing counsel, or (2) why counsel have not been able to discuss
motion.
A certificate of conference stating that you sent a letter or email to opposing
counsel and received no response is not a proper certificate of conference
2.3 ORDERS
File proposed orders with all motions and responses. On occasion, the Court may require parties to email longer or more complex proposed orders in Word format to the court clerk.
When submitting a proposed order, you must include a cover letter and
indicate whether the order is agreed to as to form.
2.4 MOTION RESPONSES
E-file motion responses at least 48-hours before the hearing and include a proposed order.
The Court expects that parties will make every effort to resolve all discovery
issues without court intervention. If such attempts prove unsuccessful, litigants
may request an oral hearing at 2pm on any and all motion to compel. The complaining party should file a
motion containing:
Proposed orders should list each discovery issue separately so that the court may sign a specific order granting or denying the requested relief.
2.5 MOTION OR NOTICE OF NONSUIT
When a lawsuit involves a minor, any notice or motion for nonsuit must be filed without prejudice.
3.1 Motions to Withdraw as Attorney of Record
Because motions to withdraw as attorney of record usually impose the burden of a pro se case on opposing parties and the court, they will be granted only when absolutely necessary. Motions to Withdraw must be set for oral hearing. The following must be filed before any such motion will be considered:
1. Notice of hearing.
2. A statement of the particular circumstances and disciplinary rules requiring withdrawal. A general statement such as “irreconcilable conflicts” is not enough. Confidential matters may be filed under seal.
3. A certificate by the attorney of record of the client's name, address, and telephone number, and the statement whether such information is current, or if not current, when it was last known to be correct.
4. A copy of a letter from the attorney of record to the client giving notice: (a) that the attorney is withdrawing; (b) that the client is deemed to have knowledge of and is required to abide by the Texas Rules of Civil Procedure if the client proceeds pro se; (c) that all notices from the Court to the client's current address will be deemed to have been received unless the client notifies the Court of any change of address; (d) that no continuances or extensions will be granted to the pro se client in order to obtain other counsel; and (e) notice of the hearing at which the motion to withdraw will be considered.
5. A signed acceptance of the terms of the letter described in item 4, if the client has agreed to the withdrawal. If the client has not agreed to the withdrawal, proof of service of the letter described in item 4 must be filed.
3.2 RULE 106 MOTIONS FOR SUBSTITUTED SERVICE
All motions for Substituted Service under Rule 106 must be accompanied by an affidavit that includes the following information:
Additionally, the following must be referenced and attached as an exhibit to the order:
EXHIBIT A
It is further
ORDERED that service shall also comply with the following provisions:
(a) a copy of the citation and petition shall be mailed by both certified mail, return receipt requested, and regular mail to the Defendant at the same address at which service is authorized above;
(b) the return of service shall not be made until 30 days after mailing or until the process server receives back the green card from the post office, whichever is earlier;
(c) the return of service shall include a statement setting out the date of mailing and the result of the mailing by certified mail and the date of mailing and the result of mailing by regular mail (i.e., whether the envelope was returned by the post office, or the green card came back signed, or whatever happened as a result of the mailing); and
(d) a copy of any envelope or green card returned by the post office shall be attached to the return of citation.
The return of service of the person executing service pursuant to this order shall otherwise be made in accordance with Rule 107 of the Texas Rules of Civil Procedure.
Service will be complete upon compliance with this Order regardless of whether Defendant signs the certified mail receipt.
Motions for Substituted Service the Court will place the motion on submission docket, no need to file notice of submission.
3.4 MOTIONS FOR DEFAULT JUDGMENT
Default judgments asking for unliquidated damages will need an oral hearing on Mondays at 10:30am with a ten days’ notice.
Default judgments asking for liquidated damages can be placed on the submission docket any Monday at 8:00am with a ten day notice.
When proving damages in a motion for default judgment, show the court how you calculated the damage figure and provide evidence to support your calculation. For instance, if you are suing for breach of a credit card or mortgage agreement, provide the court evidence as to how you calculated the amount due by the defendant/debtor.
When proving attorney's fees in a motion for default judgment, in your affidavit provide the court with evidence to support your claim for attorney's fees. At a minimum you should show (1) your experience, (2) the work you did on the lawsuit, (3) how long it took you to do it and (4) your hourly rate.
The Court requires the movant to give the defaulting parties (as well as any other parties who may have made an appearance in the case) 10 days’ notice of the hearing and of the default motion by regular and certified mail, and to certify that this has been done in a certificate of service.
If the defaulting party was served at an address other than the address for which the citation was issued, the Court requires the movant to file a Motion to Amend Citation, requesting that the citation be amended to reflect the address at which valid service was actually accomplished, along with a proposed Order to Amend Citation.
3.5 MOTIONS FOR SUMMARY JUDGMENT: (PLEASE FOLLOW NEW RULE)
Non requested Motion for summary judgment will be set on the court's submission docket by courts order unless the party that filed the MSJ contact the court requesting an oral hearing.
All MSJ must be set no sooner than 35 days after the motion has been filed. Oral hearings on MSJ are held in person on Monday's at 11:00am.
MSJ will not be able to be reset unless a motion to continuance of the motion has been filed or a letter withdrawing the motion for summary judgment has been submitted.
File motions sufficiently in advance of the trial setting to be heard before the case is called to trial. Late-filed summary judgments will not delay a trial setting and will be set at the Court’s discretion.
3.6 MOTIONS TO SEVER:
Motions for Severance should be set on the submission docket, any Monday at 8:00am with ten days’ notice. The motion must obtain the basis for the severance information. You can find a copy of this Order in a word format on the Judges’ web page under form orders for the 234th
The order of the severance must contain the following information:
4. Trial Settings
All cases are automatically scheduled for trial pursuant to a docket control order. If your case is a Level 3 case and you need special scheduling consideration (e.g., a longer discovery period, a shorter trial setting), prepare an agreed scheduling order and submit it to the Court. If you need to amend any deadline in the docket control order (except joinder, pre-trial conference, or trial setting), you may do so either by Rule 11 agreement or by moving for leave of Court. Preferential settings will be granted only upon a showing of good cause (e.g., parties or witnesses reside outside the United States) and, absent other considerations, should be set for trial during the summer months with all parties waiving any vacation letters on file.
4.1 Pretrial Conferences
A pre-trial conference is typically held before trial begins. The Court Coordinator will send an email to counsels with the day and time to appear for the pre-trial conference. The Court will entertain requests to hold the pre-trial conference farther in advance. Cases generally will have at least one day’s notice before being called in for trial. Docket positions are available by contacting the Court Coordinator.
4.2 Jury Trials
Before trial, parties should exchange the actual exhibits as well as exhibit lists, motions in limine, and proposed charge issues. Have a copy ready for the judge as well. All exhibits should be pre-marked, and an 81/2 x 11 size duplicate exhibit should be provided for any blowup exhibit. Review the exhibits, exhibit list, and motion in limine filed by opposing counsel before trial and be prepared to advise the judge as to which exhibits and limine requests you have no objection. Deposition excerpts must be provided to opposing counsel the week before trial. Excerpts should be reviewed and objections made in writing by the day of the pre-trial conference. Be prepared to advise the Court of your witness list and anticipated schedule. The Court has a DVD player and VCR available for viewing videotaped depositions. Other audio/visual equipment is also available. If the Court is not in session, you may call to arrange a time to inspect the audio/visual equipment. The Court Coordinator will telephone all parties at least one day in advance of trial to schedule the pre-trial conference. Voir dire may begin immediately after the pre-trial conference in some cases, so be ready to pick a jury when called for the pre-trial conference. Jurors are allowed to take notes during the trial and to use their notes during deliberations.
Follow the above guidelines for jury trial, but prepare and exchange proposed findings of fact and conclusions of law with all counsel and provide them to the judge. In addition, prepare a proposed form of judgment.
If you need more information on Bench or Jury Trials, Continuances, and DWOP please contact Lawanda Cornett.
Settlements
You do need not appear in court to announce a settlement; a phone call to the court coordinator is sufficient or email from parties. Cases are dismissed for want of prosecution if no judgment is filed within time given after the court is notified of settlement (this time may be extended where necessary).
Settlements Involving Minor Children
A Guardian Ad Litem will be required for all settlements involving minor children. The parties are to submit an Agreed motion and order for appointment of a Guardian Ad Litem. The Court will then select the Guardian Ad Litem for that case, and will inform the parties of the Court's decision. Once a Guardian Ad Litem has been appointed, the parties may contact the Court Clerk in order to obtain a Minor Settlement hearing date. At the time of the hearing, the parties are to present the proposed Judgment, as well as the Supreme Court ad litem fee report.
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