Procedures for the 157th Civil District Court
\r\n\r\n1. Mandatory Electronic Filing
\r\n\r\nIn accordance with the Local Rules\r\nof Harris County District Courts, all cases in the 157th Civil District Court\r\nshall be electronically filed. When filing documents, please type the entire\r\ntitle of your pleading in the description field and clearly label all exhibits.\r\nDo not use all caps. Please\r\nlimit the title of documents to no more than 10 words.
\r\n\r\nAll\r\npleading, motions, responses, etc., must be separated with the filing as\r\nfollows: motion and response/reply, each individual exhibit, proposed order,\r\nnotice of hearing and/or submission.
\r\n\r\n2. Motions
\r\n\r\n2.1 Certificate of Conference
\r\n\r\nA certificate of conference is\r\nrequired for all motions, pleas, and special exceptions except for:
\r\n\r\nCertificates of conference must\r\nstate:
\r\n\r\n· \r\nhow and when parties conferred on\r\nthe matters on which relief is sought;
\r\n\r\n· \r\nthe names of the attorneys/parties\r\nwho conferred; and
\r\n\r\n· \r\nwhether the relief is opposed,\r\nagreed, or agreed in part.
\r\n\r\nFailure to include a Certificate of\r\nConference may result in a hearing being passed.
\r\n\r\n2.2 Proposed Orders
\r\n\r\nAll motions and responses\r\nmust have a proposed order filed in advance of the hearing on that motion. The\r\nCourt may pass hearings on motions filed without a proposed order. All motions\r\nshould have their own proposed order (Please do not combine multiple motions\r\ninto one order). The proposed order should include the exact title\r\nof the motion being considered.
\r\n\r\n2.3 Courtesy Copies\r\n
\r\n\r\nParties filing pleadings more than 25\r\npages in length or with more than 50 pages of exhibits may provide a courtesy\r\ncopy of those pleadings and accompanying exhibits to the Court, and give\r\nwritten notice to all parties stating the specific documents that\r\nwere provided. If a party highlights or otherwise marks a document in a\r\ncourtesy copy provided to the Court, that party shall provide all other parties\r\nto the litigation an exact copy of what was provided to the\r\nCourt. Courtesy Copies should be provided 3 days\r\nbefore the scheduled hearing if possible.
\r\n\r\nIf statutory or case law will be\r\npresented to the Court at any hearing, a copy of the statute or case should be\r\nmade available with highlighted portions of the relevant language.
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2.4\r\nFootnotes and Hyperlinks
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\r\nFootnotes on filings are accepted. If you have hyperlinks on motions\r\nthat have been filed, you can provide a courtesy copy of the motion in\r\na USB thumb drive with your courtesy copies.
2.5 Discovery Motions
\r\n\r\nThe Court expects that parties will\r\nmake every effort to resolve all discovery issues without court intervention. Conferences\r\nshall occur prior to the filing of the discovery motion. If such attempts prove\r\nunsuccessful, litigants may request a hearing. The complaining party should\r\nfile a motion containing:
\r\n\r\nAfter filing the motion, the\r\ncomplaining party should contact the Court about a hearing. Proposed orders\r\nshould list each discovery issue separately. Both the movant and non-movant\r\nmust submit a proposed order.
\r\n\r\n2.6 Settlements, Nonsuits, and Agreed\r\nJudgments
\r\n\r\n2.6.1 Settlement Announcements
\r\n\r\nIt is not necessary to appear in\r\nCourt to announce a settlement; a phone call to the Trial Coordinator is\r\nsufficient. However, a plaintiff who announces settlement without an\r\nenforceable Rule 11 agreement does so at his/her own risk. Cases may be\r\ndismissed for want of prosecution if no judgment is filed within 30 days after\r\nthe court is notified of settlement (this time may be extended where\r\nnecessary). Failure to obtain an enforceable settlement agreement might\r\nnot be good cause to avoid dismissal or to reinstate the case.
\r\n\r\n2.6.2 Settlements Involving Minor\r\nChildren
\r\n\r\nA Guardian Ad Litem will be required\r\nfor all settlements involving minor children, unless the Court has been advised\r\nof same and approved proceeding without a guardian ad litem during an in person status conference. The\r\nparties are to submit an agreed motion and order for appointment of a Guardian\r\nAd Litem. The Court will then select the Guardian Ad Litem for that case, and\r\nwill inform the parties of the Court's decision. Once a Guardian Ad Litem has\r\nbeen appointed, the parties may contact the Court Clerk in order to obtain a\r\nMinor Settlement hearing date. At least 24 hours prior to the time of the\r\nhearing, the parties are to present the proposed Judgment, as well as the\r\nSupreme Court ad litem fee report. \r\nFailure to do so may result in a hearing being passed.
\r\n\r\n2.7 Default Judgments
\r\n\r\nA motion for default judgment can be\r\nset for an oral hearing or submission hearing. \r\nThe Non-Military Affidavit must comply with recent amendments to the\r\nSoldiers and Sailors Relief Act.
\r\n\r\n2.8 Severance
\r\n\r\nMotions for Severance may be set\r\neither for submission or oral hearing. The motion must state the basis for the\r\nseverance. The proposed Order of Severance should include the following:
\r\n\r\nFailure to include the necessary\r\ninformation in the proposed order may result in denial of the Motion.
\r\n\r\n2.9 Motions to Withdraw as Attorney of Record
\r\n\r\nMotions for withdrawal of counsel\r\nmust be set on the oral hearing docket, unless the client has agreed to the\r\nwithdraw and signed an acceptance of the attorney’s notice letter. The motion\r\nmust contain:
\r\n\r\n2.10 Rule 106 Motions for Substituted Service
\r\n\r\nParties requesting an Order for\r\nSubstituted Service under Rule 106 shall use the court’s suggested form: 157th Order Granting 106 Substitute Service.docx Rule 106 Motions can be submitted to the Court\r\nwithout the need for an oral hearing but must be accompanied by an affidavit\r\nthat includes the following information:
\r\n\r\n2.11 Motions to\r\nRetain
\r\n\r\nThe first Verified Motion\r\nto Retain does not need to be set on an oral hearing or submission docket. It should be filed and will be considered\r\nby the Court. Any subsequent motion to\r\nretain must be set for an oral hearing.
\r\n\r\n3.\r\n Hearings
\r\n\r\n3.1 Oral Hearings
\r\n\r\nThe Court’s oral hearing docket is usually\r\nheld on Monday. Any party requesting an oral hearing should call and email the Court\r\nClerk for a date and time for a hearing and be ready to state an approximate\r\namount of time needed for the hearing.
\r\n\r\nParties filing motions that will\r\nrequire extra time, or the presentation of evidence, must alert the Court Clerk\r\nof this fact and request an off-docket setting. \r\nParties should generally follow these guidelines in determining if extra\r\ntime is required:
\r\n\r\n· \r\nDispositive motions, summary\r\njudgment motions, and jurisdictional motions, requiring more than 20 minutes of\r\ntotal (for both the movant and all respondents) time for argument;
\r\n\r\n· \r\nAll evidentiary hearings (other than\r\ndefaults, minor settlements, or transfer of structured payments); and
\r\n\r\n· \r\nPre-trial motions - including\r\nsanctions, discovery, and procedural motions - \r\nthat will require more than 10 minutes of total (for both the movant and\r\nall respondents) time for argument.
\r\n\r\nOnce the clerk assigns a hearing\r\ndate the party requesting the hearing must file a notice of oral hearing and\r\nserve it on all counsel and self-represented parties. The hearing notice must\r\nstate the exact title of the motion or motions to be heard.
\r\n\r\nAny responsive pleading must be\r\nfiled by 4:00 pm the last business day before the hearing.
\r\n\r\n3.2 Submission Docket
\r\n\r\nThe submission docket takes place\r\nMondays at 8:00 a.m. with ten days notice. If you set a matter on the\r\nsubmission docket file a notice of submission with the exact title of the\r\nmotion or motions set for consideration and serve it on all counsel and\r\nself-represented parties.
\r\n\r\nIf any party wants an oral hearing\r\non a motion that has been placed on the submission docket that party should\r\ncall the Court Clerk and request a hearing date and time. The party requesting\r\nthe oral hearing must give notice to all parties of the hearing. Absent\r\nextraordinary circumstances, all such requests will be honored.
\r\n\r\n3.3 Emergency Hearing Requests
\r\n\r\nParties may request an emergency\r\noral hearing or telephonic conference by contacting the Court Clerk. A letter\r\nor motion requesting such a hearing, the reasons for the hearing, and the\r\nreasons giving rise to emergency consideration should be filed and served on\r\nall parties. The letter or motion should not exceed 2 pages in length.
\r\n\r\n3.4 Emergency Rulings During Depositions
\r\n\r\nParties may request an emergency\r\nruling during a deposition by calling the Court Coordinator. Attempts will be made to schedule a time for\r\nan emergency hearing as soon as possible. \r\nPrior to contacting the Court, all parties are expected to all take\r\naction reasonably required to avoid the necessity of such a hearing. If the Court determines that such a request\r\nis made in bad faith or for purposes of delay, sanctions may be imposed.
\r\n\r\n3.5 Telephonic Appearances
\r\n\r\nTelephonic appearances on contested\r\nmatters are strongly discouraged. You may only appear by telephone upon\r\nreceiving special permission from the Court in advance of the hearing. Please\r\ncontact our Court Clerk with your request and state the reasons, with\r\nspecificity, as to why you need to appear by telephone.
4.\r\n Temporary Injunctions
\r\n\r\nTemporary Injunctions are generally\r\nset on Mondays at 1:30 p.m. Please contact the Court Clerk before your hearing date to\r\nconfirm that all necessary parties have been served, that you are ready to\r\nproceed, how long your hearing will take, and how many witnesses will be\r\ncalled. It may be necessary to reschedule your hearing and extend the TRO until\r\na convenient time for the Court.
\r\n\r\n5. Trial Continuances
\r\n\r\nParties should not expect that a continuance\r\nrequest, even an agreed request, to be granted in the absence of good\r\nreasons for the continuance. If you are currently on your 1st trial\r\nsetting, and have filed an agreed motion with an order, it does not have to be\r\nset for an oral hearing, unless the case is 3 years old. Motions\r\nfor Continuance should be filed as early as possible. Motions filed after\r\nreceiving assignment from the trial coordinator will not be looked upon\r\nfavorably. All opposed Motions for Continuance require an oral hearing. If it is the 3rd or more Motion for Continuance, an oral\r\nhearing is required regardless of any agreements between the parties.
\r\n\r\n6. Trial
\r\n\r\n6.1 Trial Settings
\r\n\r\nAll cases are set on a two-week\r\ntrial docket. There are no docket positions; cases will be set for a date\r\ncertain by the Trial Coordinator. If a case is not reached within the two-week\r\ndocket the Court will automatically issue an order resetting the trial date. Preferential\r\nsettings are available in special circumstances and may be requested by motion.\r\nSuch motions must be set for an oral hearing to be considered by the Court.
The trial docket changes regularly (i.e. settlements, continuances, counsel's scheduling conflicts and/or nonsuits). Also, due to the Court's availability, cases may be assigned out of sequence. The parties should remain on standby during the two-week docket period.
\t6.2 Pretrial Conferences
\r\n\r\nThere will be a pretrial conference,\r\ngenerally held the week before the two-week trial docket, for each case\r\nset for trial. The Trial Coordinator will contact the parties to confirm\r\nthe date of the pretrial conference.
\r\n\r\nThe parties must prepare, exchange\r\nand bring to the pretrial conference, a Trial Notebook that contains:
\r\n\r\nThese documents must be exchanged\r\nprior to the pre-trial conference. The\r\nparties are ORDERED to confer with each other prior to the pre-trial conference\r\nto discuss these documents to determine if any agreements can be reached\r\nregarding limine, pre-admission of exhibits, deposition objections, and jury\r\ncharge submissions. At the pretrial\r\nconference, the Court will rule on any motions in limine and objections to\r\ndeposition excerpts, pre-admit any agreed exhibits, discuss witnesses and timing\r\nissues, and any other relevant matters.
\r\n\r\n6.3 Expert Witnesses
\r\n\r\nPursuant to 4.1 herein, any Motions\r\nto exclude or challenge expert evidence should be filed and set for hearing on\r\na date in advance of trial.
\r\n\r\n6.4 Remote\r\nTestimony
\r\n\r\nWitness,\r\nparties, lawyers, etc., may no longer appear by Zoom (or other remote means),\r\nabsent prior order from the Court. If a\r\nparty would like to request permission from the Court to have a witness appear\r\nfor trial via Zoom, a motion requesting leave for this purpose should be filed\r\nand set for oral hearing. The Motion for\r\nLeave must be agreed, and must include a\r\nsworn statement from the attorney presenting the witness that:
\r\n\r\n· \r\nThey have ensured that the witness\r\nhas available electronic equipment sufficient to host such testimony and that\r\nthe attorney and witness have personally tested the equipment to ensure it\r\nworks and everyone involved knows how to use the equipment;
\r\n\r\n· \r\nThe witness will be testifying in a\r\nneutral setting with no room decoration within view of the camera;
\r\n\r\n· \r\nThe witness will be the only person\r\nin the room; and
\r\n\r\n· \r\nA complete set of all exhibits (or\r\nselect exhibits as agreed upon by all counsel in cases with more than 50 total\r\nexhibits), in hard copy, have been delivered to the witness, and that the\r\nwitness will have all exhibits available for testimony.
\r\n\r\nIf any of the following conditions\r\nare not observed, the witness may be struck.
\r\n\r\n6.5 \r\nDemonstrative Exhibits and Power Point
\r\n\r\nAll demonstrative exhibits and Power Point presentations\r\nmust be shown to all parties before being shown to the jury.
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\r\n7. Mediation
The Court does not require mediation\r\nin every case. It may, however, order mediation on a case-by-case basis.
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\r\n8. Courtroom Audio/Video Equipment
All\r\ncourtrooms have audio-visual equipment, including an ELMO (document camera),\r\ncomputer jacks, projectors, TV screens and DVD players. We encourage you to use\r\nthe ELMO to present exhibits to the jury. If you are unfamiliar with its use,\r\nyou may visit our courtroom to test the equipment. Please contact the Court’s\r\nbailiff to schedule a technology visit. For\r\ndetailed instructions on use of the audio-visual equipment, please visit the\r\nfollowing web link: https://www.justex.net/Courts/Civil/CivilTechnology.aspx
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