33rd / 424th District Courts

I have a draft rule that would require the inclusion of the attorney's email address in the signature block of pleadings. What do you think?

Yes, that's new and not in the TRCP. However, neither was the fax number years ago. The rule would require it if the email address is publicized by the attorney on letterhead, on business cards or on a web site.

Rule 6    CIVIL CASES
6.1    Filing of Papers
All pleadings, motions, orders and other papers, including exhibits attached thereto, when offered for filing or entry, shall be descriptively titled and pre-punched at the top of the page to accommodate Clerk's 2 3/4" center-to-center flat-filing system. Each page of each instrument shall, in the lower margin thereof, be numbered and titled; e.g., "Plaintiff's Original Petition - Page 2." Orders and Judgments shall be separate documents completely separated from all other papers. If documents not conforming to this Local Rule are offered, the Clerk before receiving them shall require the consent of a Judge. Counsel shall furnish the Clerk with sufficient copies to perfect all service or notices.
6.2    Objections to Assigned Judge
As set forth in Government Code Sect. ___, each party to a civil case may exercise one objection to an assigned judge. In order to protect judicial economy and prevent abuse of the use of the objection, the rules in this Section govern when and how such object is to be made.
6.2.1    When to Object
Unless another deadline is set in an order or notice indicating the assignment of a judge other than the presiding judge, objection shall be lodged within 10 days after being served with a setting order or notice stating the assignment, or at least three days prior to the hearing, whichever date comes first.
6.2.2    Good Faith Objection
The use of the objection to an assigned judge shall not be made substantially for the purpose of obtaining a delay in the hearing to which such judge was assigned.
6.2.3    Form and Service of the Objection
The objection shall be in writing in a document separate from any other pleadings, filed with the clerk and served on all parties in strict compliance with Government Code Sect. ___; and a courtesy copy shall be sent by the most expedient means available to the court coordinator.

6.3    Motions and Discovery
6.3.1    Agreed Matters.
The Court does not require a separate motion or hearing on agreed matters, except for continuances in cases over one year old or as otherwise provided. All uncontested or agreed matters should be presented with a proposed form of order and must reflect the agreement of all parties either (a) by personal or authorized signature on the form of order, or (b) in the certificate of conference on the motion.

6.3.2    Briefs
Except in case of emergency, briefs relating to a motion (other than for summary judgment) set for hearing must be served and filed with the Clerk no later than three working days before the scheduled hearing. Briefs in support of a motion for summary judgment must be filed and served with that motion; briefs in opposition to a motion for summary judgment must be filed and served at or before the time the response is due; reply briefs in support of a motion for summary judgment must be filed and served no less than three days before the hearing. Briefs not filed and served in accordance with this Rule will most likely not be considered by the Court. Any brief that is ten or more pages long must begin with a summary of argument.

6.3.3    Courtesy Copies
Counsel are reminded that the District Courts sit in four counties on a variety of dockets. Courtesy copies of certain papers should be delivered directly to the judge’s office as follows: (1) Briefs and (2) motions for summary judgment and responses or replies thereto.

6.4    Submission of Orders and Judgments
6.4.1    Time for Tender.
Within calendar 14 days after the Court has announced a verdict or judgment or the Court receives a written announcement of settlement from either party or from a mediator, counsel for the prevailing party shall submit to the Court a proposed judgment or dismissal order, unless ordered otherwise. Failure to so furnish the Court with such a proposed judgment or dismissal order will be interpreted to mean that counsel wish the Court to enter an Order of Dismissal with prejudice with costs taxed at the Judge's discretion.
6.4.2    Tender for Approval.
Except for proposed orders tendered at a hearing, proposed orders on contested matters should be submitted by the prevailing party after notification of the Court's ruling.
6.4.2.1    Judge signature line.
Every draft of a judgment, decree, or order which is submitted through the District Clerk’s office to be signed by a Judge or Associate Judge after a trial or hearing shall have typed on it below the line for the Judge’s signature the name of the Judge who presided at said trial or hearing. Each such draft shall also be accompanied by a letter stating the name of the Judge or Associate Judge who presided and the date and nature of the trial or hearing.
6.4.2.2    Tender time, objections.
Proposed orders should be tendered to the opposing party at least three working days before they are submitted to the Court. The opposing party must either approve the proposed order as to form or file objections in writing with the Court. If an order is not approved as to form and no objections are filed within five days of the submission of the proposed order, the proposed order is deemed approved as to form. Nothing herein prevents the Court from making and signing its own order at any time after the hearing in accordance with the Texas Rules of Civil Procedure. It is not required that counsel obtain the signature of the party and no order shall be delayed on account of a represented party failing or refusing to approve the form of order.
6.4.2.3    Order on separate document.
A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.
6.4.2.4    No use of “entered.”
The word “entered” should not be used in the line provided immediately above the Judge’s signature to show the date on which a judgment, decree, or order is signed.

6.5    Differentiated Case Management – District Court
In order to allocate scarce judicial resources efficiently while preserving the right of the litigant to a full and fair trial, it is the intent of the district judge to differentiate between cases according to their anticipated complexity and length. In the discretion of the courts and in accordance with established rules of procedure, cases will be generally assigned according to levels and the assigned level will determine the “time track” to which the case is assigned.
6.5.1    Goals of Each Level
6.5.1.1    Track 0ne
    Suits in which plaintiffs seek only monetary relief of $50,000.00 or less. (See Tex. R. Civ. P. 190.1. These cases will be concluded at the trial level no later than 10 months from the date of filing. 90% of these cases will be concluded within six (6) months. 98% will be concluded within eight (8) months. 100% will be concluded within 10 months.
6.5.1.2    Track Two
    Suits in which plaintiffs seek relief not defined in Tex. R. Civ. P. 190.1 and which are not expected to require a discovery control order pursuant to Rule 190.4. This rule will continue to apply even if a discovery control order is entered, the “Track” definition being independent of the Rule 190.4 plan. A “Track Two” case will be assigned such designation where it is expected by the judge, after consultation with counsel, that the case can be tried within 15 months, that no more than 25 hours of deposition time will be needed by each side, that document production is not expected to exceed 500 pages per side and that no more one day's expert testimony will be needed per side.  These cases will be concluded at the trial level no later than 15 months from the date of filing. 90% will be concluded within 10 months. 98% will be concluded within 12 months. 100% will be concluded within 15 months.
6.5.1.3    Track Three
    Cases not falling within tracks one or two will be assigned to Track Three.  These cases will be concluded within 18 months. 90% will be concluded within 12 months. 98% will be concluded within 15 months. 100% will be concluded within 18 months. All Track Three cases will have a discovery control order under Rule 190.4.

The Court realizes that there may be extenuating circumstances and retains the right to schedule cases as it sees appropriate in accomplishing the goals as set out herein above.

6.5.2    Court’s Default Scheduling Order
The court has a default form of scheduling order that will be imposed in whole or in part where the court finds it necessary to make an order on its own. It is attached to these rules as an appendix and is also available on the court website.

6.5.3    Case Track Definitions and Time Frames
6.5.3.1    Track Events:
    Each case has significant events which are here described by function, and the times for each event varies according to the track level to which the case is assigned.  Those times are set forth in the table set forth below and are keyed to that table by letters in parentheses.
6.5.3.2    Discovery Control Conference:
    Counsel shall confer (Conference Date) within (A)  days after the date of the first answer filed in the case, as to a trial date and content of a Discovery Control Order.
        If counsel agree on content and deadline dates, the plaintiff named first in the lawsuit shall thereafter submit a scheduling order to the court within (B) days after the Conference Date. If counsel do not agree, a hearing must be requested and the request received by the court within (C) days after the Answer Date. A hearing will be held and an order entered within (D) days after the Answer Date. If no hearing is requested within the designated time or if an agreed order is not submitted, the court will enter its own order on or after 5:00 o’clock p.m. (B) days from the Answer Date.
6.5.3.3    Joinder of Parties, etc.:
    Joinder of Parties, Plaintiff’s Designation of Expert Witnesses, Defense Designation of Expert Witnesses, Discovery Deadlines, and any other matter, except those matters outlined in the rules following regarding dispositive motions, challenges to experts and alternative dispute resolution will be done by agreement of counsel, or by the court if no agreement is reached, as outlined in Rule 6.5.3.2. Any agreement by the attorneys shall not conflict with the assigned trial date or other events set by the court.
6.5.3.4    Filing of Dispositive Motions:
All dispositive motions shall be filed and necessary hearings requested no
later than (E) days before trial date. If the court fails to rule within 30
days, and upon the request of one of the parties, a hearing will be held for
the specific purpose of assessing the remainder of the Docket Control Order and
trial date.
6.5.3.5    Challenges to Experts:
All challenges to expert witnesses or objections to expert witnesses shall be filed as follows:
6.5.3.5.1    For Tracks One and Two, challenge to the Plaintiff’s expert witnesses shall be filed at least (F) days before the trial date.
6.5.3.5.2    For Track Three, all challenges or objections to expert witnesses shall be made within 45 days following the latter of the following dates: 1) Designation; 2) Furnishing of written report and curriculum vitae; or 3) Deposition. Neither of these events may conflict with Rule 6.5.3.7.
6.5.3.5.3    If the court strikes the expert the Plaintiff shall have 30 days to designate a new expert. During those 30 days, the court will not consider any motions for summary judgment as concerns expert witnesses. If a new expert is designated, the opposing parties will have 30 days to designate any rebuttal experts. Challenge to Defense expert witnesses shall be filed at least (G) days before trial date. If the court strikes the expert, the Defense will have 30 days to designate a new expert. During those 30 days, the court will not consider any motions for summary judgment as concerns expert witnesses.
6.5.3.6    Alternative Dispute Resolution:
ADR shall take place no later than (H) days before trial. ADR may take place at any earlier time to which the parties may agree or at a time designated by the court, whichever is sooner. Cases will automatically be sent to the Dispute Resolution Center or a Neutral Mediator, selected by the parties, to be set at least (H) days before trial, unless the attorneys agree to an earlier date and that date is available with the Center. The court may designate a date prior to the (H) day period if it deems it necessary to accomplish the purpose and goals of the Court.
6.5.3.7    30 Days Prior To Trial:
During this period, the court at its discretion may set a Trial Management Conference, a Scheduling Conference (the court may set other scheduling conferences throughout the proceeding of the case and prior to this period), a Settlement Conference, or any other hearing or matter the court deems appropriate to accomplish the purpose and goals of the Court.

6.5.3.8    Time Tables (District Court)

    Max. Mos.    Applicable Days Corresponding to Letter Key

        Days After First Answer    Days Prior to Trial Date
STEP âž         Counsel
Discovery
Conference    Sched
Order
Due    Request
SO
Hearing    Hearing
on SO
(NLT)    File
Disp.
Motions    Chall.
P’s
Xprts    Chall.
D’s
Xprts    ADR
Dead-
line
TRACK          A    B    C    D    E    F    G    H
One:    10    20    30    25    35    75    90    60    30
Two:     15    30    40    35    45    105    120    90    30
Three:    18    45    60    50    65    105    (*)    (*)    60

(*) See Rule 6.5.3.5.2.

6.5.4    Definitions Used in Case Levels
6.5.4.1    Dispositive Motions:
 These motions include Motions to Transfer Venue, Motions to Dismiss, Pleas to the Jurisdiction, Pleas in Bar, Motions for Summary Judgment and Pleas in Abatement. (Summary Judgment Motions will be heard by submission of briefs only unless oral arguments have been requested and granted by the trial court.)
6.5.4.2    ADR: Alternative Dispute Resolution
6.5.4.3    DCM: Differentiated Case Management
6.5.4.4    TMC: Trial Management Conference