Judge Kyle Carter
125th District Court
201 Caroline
10th Floor
Houston TX 77002
\r\n\r\n\r\n 125th District Court 201 Caroline 10th Floor Houston TX 77002
Judge Kyle Carter
Rules and Procedures:
\r\n\r\n\r\nHEARING\r\nLOCATION
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We are located at 201 Caroline, Houston, TX 77002, on the 10th floor.
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2. CONTACTING\r\nTHE COURT
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For matters relating to\r\nhearings and motions, contact:
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Lead\r\nClerk:
\r\n\r\nJimmy Rodriguez at 832-927-2550
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Alyssia Henderson at (832) 927-2550
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Contact the clerk for the\r\nstatus of any agreed or unopposed orders submitted to the Court. To determine whether the Court has ruled on a\r\nmotion please check the District Clerk’s website or contact the Court clerks for\r\nstatus.
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For matters relating to\r\ntrials, continuances, retain and reinstatement motions, and DWOP docket's, contact:
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Melissa Torres at 832-927-2553 or Melissa_torres@justex.net\t
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For information relating\r\nto transcripts, contact:
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Elizabeth Cordova at 832-927-2554
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3. E-FILING
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The Rules of Civil\r\nProcedure require litigants to electronically file documents and pleadings with\r\nthe Harris County District Clerk. \r\nLitigants need prior authorizations from the Court before\r\nhand-delivering or faxing documents directly to the Court. The District Clerks will not accept documents\r\ndelivered directly to the court for filing. \r\nLitigants are responsible for ensuring that documents become part of the\r\nCourt’s record by e-filings the documents. \r\n
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3.1 E-FILING\r\nINSTRUCTIONS
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Type the entire title of your\r\npleading. Do not abbreviate parts of the\r\ntitle. The clerks need the full and\r\ncomplete title of the pleading to insure proper filing. Do not split your documents in different\r\nenvelopes. Clearly label all exhibits. Do not attach proposed orders as exhibits.
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Example:
\r\n\r\nLead Document – Motion
\r\n\r\nSub Document- Exhibit 1/A
\r\n\r\nSub Document- Exhibit 2/B
\r\n\r\nSub Document- Proposed Order
\r\n\r\nSub Document- Filing Letter
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4. MOTIONS
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Please call the court\r\nclerk to schedule a hearing on a motion. \r\nThe Court’s oral hearing docket day is Friday. The Court also conducts oral hearings\r\noff-docket as permitted by the trial schedule. \r\nIf you need to schedule an off-docket hearing please request one from\r\nthe clerk.
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4.1 ORDERS
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All motions and responses\r\nmust be filed with a corresponding order. \r\nThe Court may pass motions filed without proposed orders. Occasionally, the Court may require the\r\nparties to submit modified orders to the Court clerk in Word format to the\r\ncourt clerk.
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When submitting a\r\nproposed order after a hearing, include a cover letter and indicate whether the\r\nproposed order is agree to in form by opposing counsel.
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4.2 AGREED\r\nMOTIONS
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The Court may hear agreed\r\nor unopposed motions by submission. All\r\nunopposed or agreed motions should be titled as such. All agreed motions and proposed orders must\r\ncontain the signatures of all those in agreement. Unopposed motions must contain a certificate\r\nof conference. If the Court denies an\r\nagreed or unopposed motion, a litigant may request a subsequent oral hearing on\r\nthat motion.
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4.3 CERTIFICATE\r\nOF CONFERENCE
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The Court encourages all\r\nattorneys to cooperate on matters prior to seeking court intervention. All motions must be accompanied by a\r\ncertificate of conference detailing the efforts undertaken to discuss the\r\nmotion with opposing counsel. Failure to\r\nfile a certificate of conference may result in a motion being passed.
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4.4 MOTION\r\nRESPONSES
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E-File responses to\r\nmotions at least 24 hours prior to the hearing and include a proposed order.
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4.5 COURTESY\r\nCOPIES
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The Court permits\r\ncourtesy copies of all motions. Please\r\nprovide all courtesy copies to the court clerk. Once the hearing is concluded all courtesy\r\ncopies will be destroyed.
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4.6 DISCOVERY\r\nMOTIONS
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The Court expects all\r\nlitigants to make an effort to cooperate and resolve disputes prior to seeking\r\ncourt intervention. If the parties must\r\nseek assistance with respect to discovery matters, the movant should file a\r\nmotion outlining the discovery dispute, the effort made to resolve that\r\ndispute, and the relief requested from the Court. The parties should conference on all\r\ndiscovery motions prior to a hearing and be prepared address these efforts with\r\nthe Court. If you are requesting the\r\nCourt rule on objections, present a motion and order that contains the specific\r\nrequests made along with the objections made and a blank to either overrule or\r\nsustain the objection.
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4.6.1 SANCTIONS
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Do not request sanctions\r\nunless there has been sanctionable conduct that is serious in nature. Do not request “death penalty” sanctions\r\nunless the Court has issued some prior award of sanctions. Sanctions are not favored and are only used\r\nas necessary to get a party to comply with the orders of the Court.
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4.7 SUMMARY\r\nJUDGMENTS
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Motions for summary\r\njudgment should be set by submission with proper notice according to the rules\r\nof civil procedure. If the Court deems\r\nan oral hearing necessary the clerk will schedule an oral hearing and notify\r\nthe parties. If the movant would like an\r\noral hearing, please inform the clerk and one will be scheduled. If a non-moving party would like an oral\r\nhearing, then a motion for continuance of the submission date should be\r\nfiled. Parties are not permitted to\r\nchange an opposing parties setting from submission to oral hearing without an\r\norder from the Court.
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Do not wait until trial\r\nto schedule a summary judgment. Summary\r\njudgments should be heard at least 1 month prior to trial. In complex cases the Court may require the\r\nparties to submit a proposed jury charge prior to considering a summary\r\njudgment.
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Proposed orders should\r\ninclude total damages and attorneys fees. \r\nThe motion must contain evidence to support the amounts contained in the\r\njudgment.
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4.8 CONTINUANCES
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Motions for continuance\r\nshould be filed with the clerk and discussed with the trial coordinator. The Court will grant the first motion for\r\ncontinuance filed by either party. \r\nAdditionally, the Court will grant the first two agreed motions for\r\ncontinuance without the need for an oral hearing. Any subsequent motion for continuance will\r\nrequire additional explanation. The\r\nmovant must demonstrate the need for the continuance and indicate that the\r\nclients have been informed.
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4.9 DEFAULT\r\nJUDGMENTS
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The parties shall file a\r\nmotion for default judgment and set the same as a motion on the Court’s oral docket. Defaults are not to be submitted for submission, those that are will be passed. Please include all\r\nexhibits demonstrating service, non-military affidavit, certificate of last\r\nknown address, and damages. To obtain certificates of service or non-service under the\r\nServicemembers' Civil Relief Act, you may access the public website: https://scra.dmdc.osd.mil/scra/#/home. This website will provide the current active military\r\nstatus of an individual.
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4.10 SUBSTITUTED\r\nSERVICE
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If a party is seeking\r\nsubstituted service pursuant to 106 please provide a motion along with an\r\naffidavit that establishes that the person to be served can be found at the service\r\naddress. Additionally, the parties\r\nshould use the Court’s prescribed order.
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4.11 PROTECTIVE\r\nORDERS
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The Court encourages the\r\nparties to cooperate to determine is a protective order shall be\r\nnecessary. If the parties determine that\r\nsuch an order will be necessary the parties are directed to the Courts\r\nprescribed order. If the parties are\r\nseeking an order that would provide that any documents filed in the records of\r\nthe court shall be sealed and not open to the public, then the parties must\r\ncomply with Texas Rule Civil Procedure 76a. \r\n
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4.12 MOTION\r\nTO WITHDRAW
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Motions to withdraw as\r\nattorney of record must contain the parties telephone number, address, email\r\naddress, current deadlines and trial settings. \r\nOrders on motions to withdraw MUST include contact information for\r\nthe pro se party including: name, address, telephone number and email\r\naddress. Failure to include the required\r\ncontact information will result in the motion being denied.
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4.13 MOTION\r\nTO RETAIN
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Motions to retain will be\r\ngranted up to 3 times without an oral hearing. \r\nAny subsequent motion to retain will require an oral hearing.
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4.14 SPECIAL\r\nEXCEPTIONS
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Special exception should\r\nspecifically state the language objected to and the reasoning for the\r\nobjection. The language excepted to\r\nshould be stated verbatim in the motion and the order.
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4.15 MOTIONS\r\nFOR SEVERANCE
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Motions for severance\r\nmust include an order which states:
\r\n\r\nThe\r\nstyle of the case;
The\r\nnew cause number, e.g. 2018-12345A
Parties\r\nto be included in the severed case
Documents\r\nto be included in the severed case.
Whether\r\nthe severed order disposes of the severed case or if the case shall remain\r\nactive.
The\r\nparty paying the costs of court and severance.
4.16 IN\r\nCAMERA DOCUMENTS
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If a party desires an in\r\ncamera review of documents the moving party shall provide the documents via\r\nhand delivery to the clerk of court. \r\nOnce the documents have been provided the moving party shall schedule a\r\nstatus conference off-docket through the court clerk. At the status conference the Court will\r\nreview the documents and determine whatever rulings are necessary.
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5. HEARINGS
5.1 YOUNG\r\nLAWYERS
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The Court strongly\r\nencourages the lawyers to provide opportunities for young lawyers (practicing\r\nless than 4 years) to participate in hearings or trials particularly when the\r\nyoung lawyer drafted or contributed significantly to the underlying motion and\r\nresponse. Providing substantive speaking\r\nopportunities to young lawyers benefits the profession, the lawyers, and the\r\nclients. The Court encourages all\r\nlawyers practicing before it to keep this goal in mind.
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5.2 ORAL\r\nHEARING DOCKET
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The Court’s oral hearing\r\ndocket is on Fridays. The parties should\r\nprovide appropriate notice as required by the Texas Rules of Civil Procedure\r\nand the Local Rules of the Harris County District Courts. Call the court clerk for a hearing date and\r\ntime. Do not file a blank request for an\r\noral hearing date. Once the clerk has\r\nprovided a hearing date and time, then file a notice of oral hearing, not\r\nbefore. Parties are not permitted to\r\nchange an opposing parties setting from submission to oral hearing without an\r\norder from the Court.
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5.3 SUBMISSION\r\nDOCKET
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The Court’s submission\r\ndocket is every Monday at 8:00 am with proper notice. Please see the local rules regarding notice.
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5.4 TEMPORARY\r\nINJUNCTIONS
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Temporary injunctions are\r\nset on Fridays at 11:00 a.m. Before\r\nscheduling the hearing, the movants should call the Court and advise 1)\r\nregarding readiness to proceed with the hearing, and 2) the estimated length of\r\nthe hearing. Depending on trial\r\nschedules and the length of the hearing, the Court may find it necessary to\r\nextend the TRO and reschedule the temporary injunction hearing. Parties should not bring witnesses to court\r\nwithout checking with the court clerk.
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5.5 MINOR\r\nSETTLEMENTS
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The court MUST approve the disposition of all\r\ncases involving minors. In motions\r\nrequesting the appointment of a guardian ad litem, please include a brief\r\ndescription of the case and any other issues you would like the Court to\r\nconsider. The court will appoint ad\r\nlitems based on the complexity of the case and the ad litem’s experience. The court welcomes the attendance of minor\r\nchildren at the minor settlement hearing, however unless specifically ordered\r\nby the court, the minor is not required to attend.
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5.6 EXPEDITED\r\nHEARINGS
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Please call the clerk if\r\nyou would like an expedited hearing. If\r\nthere is not an available docket day then the parties may request an off-docket\r\nhearing. The Court is also available for\r\nnon-evidentiary telephonic hearings at the request of the parties.
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5.7 APPEARANCE\r\nBY PHONE
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The Court permits\r\nappearances at hearings by phone. Please\r\ncontact the Court’s clerk to schedule an appearance by telephone.
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5.8 APPEARANCE\r\nBY SKYPE/FACE-TIME
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The Court permits\r\nappearances and the calling of witnesses at hearings and trial through video\r\nconferencing services such as Skype and Face-Time. Please call the clerk to schedule a video\r\nconference appearance. It is the responsibility of the movant to set up such\r\nservices.
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6. TRIALS
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Parties need to file and\r\nexchange exhibit lists, motions in limine, deposition offers, proposed jury\r\ncharges, proposed findings of fact and conclusions of law 7 days prior to\r\ntrial, or in accordance with the Courts pre-trial order.
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6.1 DOCKET\r\nCALL
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Parties are required to\r\nattend docket call. At docket call be\r\nprepared to discuss whether the case is ready to go to trial, the length of the\r\ntrial, the number of witnesses, whether to schedule a pre-trial conference on a\r\nday other than the trial date.
6.2 PRE-TRIAL\r\nCONFERENCE
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Prior to trial the Court\r\nwill conduct a pre-trial conference to pre-admit exhibits, rule on motions in\r\nlimine, rule on deposition offers, or anything else needed by the parties.
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6.3 MOTIONS\r\nIN LIMINE
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The parties must exchange\r\nmotions in limine prior to the pre-trial conference in accordance with the\r\npre-trial order. The parties are urged\r\nto cooperate and should be prepared to inform the Court at the pre-trial\r\nconference those matters that are agreed. \r\n
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6.4 EXPERT\r\nWITNESSESS CHALLENGES
All challenges to expert\r\nwitnesses should be conducted in accordance with the docket control order and\r\nthe Texas Rules of Civil Procedure. \r\nParties shall set all motions to challenge expert for hearing before the trial date. Parties should not wait until the day of\r\ntrial to challenge expert testimony.
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6.5 JURY\r\nCHARGE
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The\r\nparties must file their proposed charge and must provide the court with a copy on a flash drive.
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6.6 VOIR\r\nDIRE
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Time for voir dire\r\ndepends on the complexity of the case. \r\nIf the parties would like to use a jury questionnaire please inform the\r\nCourt at the docket call, or at a status conference prior to the day of\r\ntrial. The parties are encouraged to\r\nagree to the contents of the proposed jury questionnaire. After the conclusion of the voir dire the\r\nCourt will entertain challenges to jurors outside the presence of the panel.
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6.7 FINDINGS\r\nOF FACT CONCLUSIONS OF LAW
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Parties should file their\r\nproposed findings of fact and conclusions of law with the Court prior to the\r\nday of trial in accordance with the pre-trial order.
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7. TAX\r\nDOCKET
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The Court conducts its\r\ntax hearing and trial dockets every other Friday at 1:30p.m. Please contact the court clerk for a hearing\r\ndate and time. Please contact the court\r\ncoordinator regarding any questions about trial dates.
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7.1 TAX\r\nAD LITEMS
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Attorney ad litems\r\nappointed to represent unknown heirs must appear at the final trial of the\r\ncase. The attorney should be prepared to\r\noffer testimony about the work performed in attempting to locate their client\r\nand the results of that investigation. \r\nBased on the testimony the Court will determine whether to go forward\r\nwith trial or require additional action. See Order. \r\n
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7.2 TAX\r\nDEFAULT JUDGMENTS
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The Court will not\r\nproceed with default judgment if the party appears at the hearing on default\r\njudgment. However, the party must\r\ncomplete a notice of appearance and answer form at the time of the hearing so\r\nthat the matter can be set for trial.
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