1. TEXAS RULES OF CIVIL PROCEDURE: The Texas Rules of Civil Procedure, as amended, are adopted and shall be adhered to in all civil proceedings. Wherever there may be a conflict in local rules and the Texas rules, the Texas Rules of Civil Procedure shall govern.
2. FAMILY DISTRICT COURT MATTERS: In all cases arising under the Texas Family Code, the rules adopted by the 300th Judicial District Court are adopted and will be adhered to in these courts.
3. FILING: Cases where the amount in controversy does not exceed $100,000.00 shall be filed with the County Clerk.
4. TRIAL SESSIONS: Each court shall schedule certain weeks for civil trials. This schedule will be posted at the office of the County Clerk, Civil Division, and shall be available at the office of the Court Coordinator of each respective court. Cases may be transferred from one court to the other at the discretion and consent of the respective judges.
5. SETTINGS: All settings of cases filed in the 300th Judicial District Court (e.g. Family Court matters) shall be requested through the Court Coordinator of that Court. The Court Coordinator of the 300th Judicial District Court will set a Family Court docket in one of the Courts at Law according to the schedules furnished by the Courts at Law.
All other civil cases may be set at the request of any attorney of record or by the respective Court. Counsel shall be entitled to 45 days advance notice of a trial setting. REQUESTS FOR SETTINGS SHALL BE IN WRITING, SIGNED BY THE ATTORNEY MAKING THE REQUEST AND ADDRESSED TO THE JUDGE OF THE COURT IN WHICH THE CASE IS FILED.
The Clerk of each respective Court shall notify the attorney of record of the setting time and date. After an attorney of record has been notified of a setting, the Courts will presume that there is no conflicting setting unless the Court is notified in writing within ten (10) days of receipt of notice by the attorney of record that a conflict exists. Such notice of conflicting setting shall include the number and style of any case previously set and the court in which the conflicting case is set.
6. VACATIONS OF COUNSEL:
6.1 DESIGNATION OF VACATION: Subject to the provisions of subparts .2 and .3 of this rule, an attorney may designate not more than four (4) weeks of vacation during a calendar year as vacation, during which that attorney will not be assigned to trial or required to engage in any pretrial proceedings. This rule operates only where lead counsel, as defined by T.R.C.P. 8, is affected, unless the trial court expands coverage to other counsel.
6.2 SUMMER VACATIONS: Written designation for vacation weeks during June, July and/or August must be filed with the County Clerk by May 15 of each respective year. Summer vacations weeks so designated will protect the attorney from trials during those summer weeks, even if an order setting the case for trial was signed before the vacation designation was filed.
6.3 NON-SUMMER VACATIONS: Written designation for vacation in months other than June, July and/or August must be filed with the County Clerk by no later than 90 days prior to the weeks being designated. Non-summer vacation weeks may not run consecutively for more than two (2) weeks at a time. Non-summer vacation weeks so designated will not protect an attorney from a trial by an order signed before the designation is filed.
7. CASE NUMBER AND COURT ASSIGNMENT: Filing of civil cases in the County Courts at Law shall be by alternating each case filed so that each of the 4 courts shall receive an equal number of cases.
8. DOCKET CALL: Civil jury dockets will be called on Monday or the first working day of the week in which jury trials are set. Non-jury trials may be called at any time and date set by the Court. Dismissal dockets will be called at the discretion of the respective Judges. After notice of setting of a case on the dismissal docket, unless the attorney or attorneys for Plaintiff are ready and announce ready for trial, the case will be dismissed at the call of the docket.
9. AGREED PASS: Cases may be passed from the date set only upon agreement of the opposing counsel AND the Judge of the Court in which the case is filed. A case is not removed from the docket until the pass or continuance is approved by the Judge of that Court.
10. SETTING ANCILLARY AND PROBATE DOCKET: Requests for hearing uncontested motions and other ancillary civil matters and probate matters shall be made by telephone or in writing to the Judge of the Court in which the case is filed. The requesting attorney shall give proper notice as required by the Texas Rules of Civil Procedure to all opposing attorneys of such setting.
11. JUVENILE COURT MATTERS: Cases wherein juveniles are charged with delinquent conduct and cases where children are alleged to be in need of supervision will be set for hearing by the Court or by the Juvenile Probation Department as directed by the respective Court. Notice provisions applicable to other civil proceedings are not necessarily applicable to these proceedings which shall be handled in accordance with the Texas Rules of Civil Procedure and the Texas Family Code.
12. APPLICATION OF LOCAL RULES: The foregoing procedures are hereby adopted by the County Court at Law #1 & Probate Court, County Court at Law #2 & Probate Court, County Court at Law #3 & Probate Court, and County Court at Law #4 & Probate Court for Brazoria County, Texas. These procedures, together with such amendments as may hereafter be adopted by these courts shall serve as the procedures for civil matters in these courts.
ADOPTED and SIGNED this 1st day of January, 2009.
/s/ Jerri Lee Mills
JERRI LEE MILLS, Judge
County Court at Law #1 & Probate
/s/ Marc W. Holder
MARC W. HOLDER, Judge
County Court at Law #2 & Probate
/s/ Jeremy Warren
JEREMY WARREN, Judge
County Court at Law #3 & Probate
/s/ Lori Rickert
LORI RICKERT, Judge
County Court at Law #4 & Probate