Smith County, TX
All 8 county-scoped rules
Every published instrument scoped to Smith County, newest effective date first. 1 region-wide and 1,248 statewide instruments also apply here — search all three layers together. Procedural information only; not legal advice.
Published rules, newest effective date first
Showing 1–8 of 8
Local Rules of Procedure and Rules of Decorum for the Justice of the Peace Court Precinct Five - Lindale (Smith County; effective October 1, 2024)
Local rules of Smith County Justice Court Precinct 5 under Gov't Code § 27.061: objective, scope and the justice courts' jurisdiction (civil cases up to $20,000, evictions, administrative hearings, fine-only criminal cases); organization by five precincts, weekly dockets, bench exchange and electronic jury selection; rules of decorum (unacceptable attire; nine courtroom conduct rules including no weapons, punctuality, rising for the judge, no food or drink, phones off; self-represented parties must be prepared - the court does not instruct on evidence or procedure; no video or audio recording without judicial approval); civil cases (filing where a defendant resides and evictions where the premises are, prompt settings and pre-trial conferences, written jury demand with the fee paid on filing, holidays); criminal cases (filing in the precinct of the offense, school-attendance cases in any precinct of the filing school district, first appearance per the citation, pleas of guilty or no contest at any time except by defendants under 17 and minors charged with alcohol violations, who appear with a parent or guardian; a list of standard fines is available from the court).
County Court at Law No. 3 Standing Order Regarding Courtroom Decorum and Media Access, Smith County
Standing order of the Smith County Court at Law No. 3 (Judge Clay White) governing courtroom decorum and media access: courtroom demeanor (silence, no devices/recording, attire, forms of address, no juror contact); photography and recording (advance written request and court approval required, restrictions on filming jurors, chambers, closed proceedings and court employees, one pool television camera, equipment and lighting limits, and a limine order barring discussion of cameras before the jury); the sanctions for violations (exclusion and contempt); and how notice of the order is given. Signed August 7, 2023.
County Court at Law No. 3 Local Rules - Probate/Guardianship, Smith County
Local rules of the Smith County Court at Law No. 3 for probate and guardianship matters (adopted February 23, 2023, Presiding Judge Clay White): the court's practice for decedents' estates (dependent and independent administrations, muniment of title, heirship), guardianships of the person and estate, and related probate proceedings, including filing, notice, hearing-setting, prove-up and order-submission requirements.
Local Smith County Rules of Civil Trial - District Courts and County Courts at Law (adopted March 4, 1999; approved by the Supreme Court of Texas July 26, 2000, Misc. Docket No. 00-9119)
Smith County's local rules of civil trial for non-family civil cases: certificate of conference before most motions and before any motion to compel or for sanctions; motions in writing with a separate proposed order; submission dockets (submission no sooner than the Monday following fifteen days from filing; summary-judgment submission no sooner than thirty days, response seven days before, oral argument only on request and if the court finds it helpful); opposed and unopposed motions; responses at least two working days before submission; continuances filed seven days before the hearing, second and later continuance motions signed by the client; the Civil Case Joint Questionnaire filed within ninety days of filing; discovery control plans and scheduling orders under Rules 190.2-190.5; exhibit lists and exchange before the pre-trial conference or seven days before trial, authentication and admissibility objections fifteen days before; the joint pretrial order fifteen days before trial and its eleven required contents; video deposition designations; agreed exclusion of simple cases from the pretrial order; trial settings for a date certain with reset after the second Friday; up to two witnesses per disputed issue; written orders circulated within ten days of rendition with fee shifting for unnecessary hearings; dismissal-docket criteria; prompt notice of settlements; attorney vacation designations filed 45 days ahead; personal appearance unless all matters are agreed in a signed letter or fax.
Local Rules of Practice for Family Law Cases of Smith County, Texas
Local rules of practice for family law cases in Smith County's Family Trial Division (the 321st and 241st District Courts and the County Courts at Law): the priority of the Texas Rules of Civil Procedure; filing, random assignment among the family law courts, and transfer of cases; flow of cases (multiple suits, severance, presiding for another court, and improper-court transfers); temporary orders and ex parte orders; the Standing Temporary Restraining Order imposed in every divorce suit; the parenting seminar requirement; the prerequisites for a trial setting (settlement conference, seminar, mediation, and submission of the required form) in other than default cases; motions for continuance and motions during the pendency of the cause; the exchange of wage, property and other information before temporary and final hearings; exhibits; and the submission and entry of proposed orders. Effective April 1, 1999.
County Court at Law No. 3 Court Policy Regarding Pro Se Applicants, Smith County
The Smith County Court at Law No. 3's policy for self-represented ('pro se') applicants in probate and guardianship matters: what a pro se litigant may and may not do, the roles in which a licensed attorney is required (for example representing an estate or another person), and the court's expectations of applicants who appear without an attorney, with citations to the governing Texas authority.
County Court at Law No. 3 Guidelines Concerning Attorneys Fees, Smith County
The Smith County Court at Law No. 3's guidelines on the reasonableness of attorney's fees: how an application for fees should report total fees and expenses, the level of detail and descriptive time entries the court expects, and the billing practices the court will and will not approve when it reviews a fee application.
County Court at Law No. 3 Policy on Advance Review of Probate Prove-Up Documents, Smith County
The Smith County Court at Law No. 3's policy of reviewing proposed probate prove-up hearing documents in advance of the hearing: what the applicant must deliver or email to the court and clerk before the hearing (the original will, the death certificate and proposed documents), and how advance review is intended to make prove-up hearings go more smoothly. Marked updated February 28, 2023.