GETTING YOUR MOTION/CASE SET

General Rules

FILE A SETTING REQUEST WITH THE CLERK:  Not every motion or document filed with the Clerk's Office is brought to the attention of the Court or it's Coordinator.  To ensure your Motion is forwarded to the Court for action, you must file a SETTING REQUEST.  The setting request must be completely filled out and should be filed with the Clerk for oral hearings, submissions, entry of orders or any other matter you want the Court to address.  Simply filing a Motion with no order not a setting request may result in your motion being overlooked or ignored.  It is your responsibility to bring your motions to the Court's attention.  See below how to properly file a setting request.


Standing Orders in Family Law Cases

Before filing Motions in a family Law matter, see the Standing Order.  


Mediation Requirement:

In all civil cases, the Court requires the parties submit to mediation before a Temporary Order hearing or Final Hearing/Trial will be set. If a party believes mediation should be waived for good cause, the party must file a motion requesting the Court to waive mediation.  If a party requests a waiver of mediation, the request should be by separate motion (preferable), included in the title of the motion (if included in the motion itself),  or specifically brought to the Court's attention.  If a waiver of mediation is not sought nor granted, the Setting Request must indicate mediation is scheduled or has been completed before a hearing will be set.  


Where to File My case/Motion:  

To determine the appropriate court clerk for filing, see the Letter of Instruction for Filing Cases Subject to Concurrent Jurisdiction of the Courts for the 12th Judicial District; the 506th Judicial District and the County Court at Law in Grimes County and the Standing Order for Filing with the County Clerk .


How to File a Setting Request:


PLEASE MAKE SURE YOUR NAME AND EMAIL IS LINKED WITH A PARTY IN E-FILE, NOT SIMPLY LISTED AS A SERVICE CONTACT.  FAILURE TO LINK YOUR NAME WITH A PARTY MAY RESULT IN NOTICES FROM THE COURT NOT BEING SENT OR RECEIVED.  THIS TENDS TO BE A PROBLEM WITH RESPONDENTS/DEFENDANTS.


A Setting Request should be e-filed with: 

  1. the Motion; 
  2. Proposed Order, and; 
  3. a Certificate of Conference (see guidelines for use of certificates of conference).  


In the case of a submission, movant need only select a single appropriate submission date from the Court Calendar and include it on the Setting Request.  In the case of a request for oral hearing, Movant should select three (3) hearing dates from the Court Calendar to be included in your setting request. The movant is required to consult with opposing counsel/party to select 3 agreeable dates and provide a Certificate of Conference indicating the agreement or why such consultation failed/was not possible.  For both submissions and oral hearings, the attorneys making such request shall serve all counsel, and any parties appearing pro se, with notice of the setting request, the Motion, proposed Order and Certificate of Conference.  


When the setting request is approved, the court coordinator will confirm the setting via email/e-file in writing and will fill in your Notice of Hearing/Order to Appear, TRO, etc with the date and time available. The Clerk will provide a copy of the signed order.  Requesting counsel/party is required to notify all of the other parties of the hearing date and time.


If the setting request is for an Ex Parte Motion, the motion must be accompanied by a Certificate of Requirement for Ex Parte Relief. 


The setting request for all non-trial settings shall be in the Setting Request  form provided here and all trial settings request (jury and non-jury) shall use this form


Trial settings (Jury and Non-Jury) should follow these procedures.



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Hearing by Submission

All motions and hearings that do not require live testimony shall be set by SUBMISSION, with at least 14 days notice to opposing counsel/parties. 


All motions and responses shall comply with the court’s Guidelines For Motions.


Motions shall state a date of submission which  shall be at least 14 days from filing, except on leave of court. Select a submission date from the Court's calendar that complies with required time requirements. The motion will be submitted to the court on or after the submission date. Submissions should include a Notice of Submission to opposing counsel/party indicating the date of Submission and a Setting Request (this will ensure the submission is included on the court's submission docket).


Responses to Hearings by Submission  must be in writing. Responses must be filed at least two working days before the submission date. Responses must contain a proposed order. Failure to file a response may be considered a representation of no opposition. 

Opposed motions and responses must also contain a Certificate of Conference or Certificate of Conference for Family Law  indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt.

 

If the Texas Rules of Civil Procedure require more than 14 days notice on any given matter (e.g., Motions for Summary Judgment), then the time period set by the Rules shall apply and a submission date should be selected accordingly.


Request for Oral Hearing - A motion or response may include a request for oral argument. It is in the sound discretion of the court whether to grant the request for oral hearing. A request for an oral hearing should be in writing, set forth reasons a hearing is required and comply with all requirements for setting a hearing. A REQUEST FOR ORAL HEARING ON A MATTER NORMALLY HANDLED BY SUBMISSION MUST BE BROUGHT TO THE ATTENTION OF THE COURT BY INCLUDING SUCH IN THE TITLE AND BODY OF THE MOTION OR BY FILING A SEPARATE MOTION REQUESTING THE ORAL HEARING.  A request for an oral hearing is not a response. The Court Coordinator will advise the counsel/party requesting an oral hearing if an oral hearing is granted. If an oral hearing is granted, the Court Coordinator will advise the counsel/party that requested the oral hearing of the date and time for the hearing and said counsel/party shall give proper notice to all counsel/parties. 

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Oral Hearings/Trials

Requests for hearings and trials in the County Court at Law shall be made by motion accompanied by a Setting Request  or Setting Request For Trial, a Certificate of Conference or Certificate of Conference for Family Law   e-filed with the appropriate Clerk.  The attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request.

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