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The Local Rules of the Statutory Probate Courts of Denton County (version 10-01-24, effective Oct. 1, 2024, repealing all prior local rules; registered July 22, 2025): self-represented parties may not apply to serve as executor, administrator or guardian or represent third parties (the clerk accepts the filing but the court takes no action until an attorney appears), and may appear only as a sole muniment-of-title beneficiary, non-corporate creditor, ancillary-suit party or small-estate distributee; cause numbering with '01' ancillary suffixes; transfers need a motion, order and hearing; severed claims filed as new cases; vacation letters 45 days ahead; bankruptcy notice within five days; ad litem reports and $-for-costs security in heirship and guardianship cases; attorney-fee applications under the courts' fee standards; proposed orders agreed by all counsel or submitted 10 days after service with alternative forms and a further 10-day hold; amended pleadings no later than 7 days before trial; non-jury hearing requests state a time estimate; uncontested docket by calling the administrator; weekly mental-health docket; mandatory mediation of all final contested matters; trial settings no sooner than 45 days from request with 7-day objections; continuance motions 10 days before trial; pre-trial conference 10 days before trial with Monday trial starts; dilatory pleas 30 days before trial; one second setting; witness/exhibit lists and motions in limine at trial; evidence in court-of-appeals formats; certificate of conference on every non-dispositive motion; briefs 3 working days ahead; Zoom only for agreed uncontested matters (no telephonic hearings; no contested testimony by Zoom); deposition guidelines with 10-day notice presumption and 30-day video designations; ex parte relief with two hours' notice and the attorney's certificate; private process certificates; withdrawal/substitution without hearing only 45 days before a setting with client consent; DWOP after 60 days of inaction; decorum rules.
Texas > Denton County > Probate Court No. 1 and Probate Court No. 2 (and their associate judge) — all probate, guardianship, mental-health and ancillary proceedings; attorneys and self-represented parties. Approved October 2024 by the presiding judges of both courts and the associate judge.
DENTON COUNTY PROBATE COURTS [Seal: Denton County, Texas, 1846] LOCAL RULES October 1, 2024 TABLE OF CONTENTS Chapter 1. General Rules Rule 1.1 Title, Scope, Authority, and Application of Local Rules ..... 1 Rule 1.2 Definitions ..... 1 Rule 1.3 Parties Proceeding Self-represented ..... 2 Rule 1.4 Assignment of Causes ..... 2 Rule 1.5 Transfer ..... 3 Rule 1.6 Severance ..... 3 Rule 1.7 Vacations of Counsel ..... 3 Rule 1.8 Judicial Absences ..... 3 Rule 1.9 Bankruptcy ..... 3 Rule 1.10 Appointment of Attorney or Guardian Ad Litem ..... 4 Rule 1.11 Attorney Fee Standards ..... 4 Rule 1.12 Local Counsel ..... 4 Chapter 2. Cases Rule 2.1 Docketing Instructions ..... 5 Rule 2.2 Filing Papers ..... 5 Rule 2.3 The Setting of Cases ..... 6 Rule 2.4 Resolution of Conflicting Settings ..... 6 Rule 2.5 Disposition of Contested and Ancillary Matters ..... 7 Rule 2.6 Motions for Continuance, Agreed Passes, and Settlements ..... 7 Rule 2.7 Pre-Trial ..... 8 Rule 2.8 Trial Procedure ..... 9 Rule 2.9 Motion Practice ..... 9 Rule 2.10 Hearings Conducted by Electronic Devices ..... 11 Rule 2.11 Deposition Guidelines ..... 11 Rule 2.12 Matters Requiring Immediate Action ..... 12 Rule 2.13 Private Service of Process ..... 13 Rule 2.14 Motions to Withdraw as Attorney of Record and Motions to Substitute Counsel ..... 13 Chapter 3. Dismissal for Want of Prosecution Rule 3.1 Case Selection ..... 13 Rule 3.2 Notice ..... 14 Chapter 4. Rules of Decorum Rule 4.1 General Rules of Courtroom Conduct ..... 14 Rule 4.2 Conduct of Counsel ..... 15 Appendices Appendix A Sample Styles ..... 17 DENTON COUNTY PROBATES COURT LOCAL RULES CHAPTER 1. GENERAL RULES Rule 1.1. Title, Scope, Authority and Application of Local Rules (a) These Rules are the Local Rules of the Statutory Probate Courts of Denton County, Texas. They shall govern proceedings in the Probate Courts of Denton County, Texas, for the purpose of securing uniformity and fairness in those proceedings and to promote justice. All prior local rules are repealed as of the effective date of these Rules which is October 1, 2024, and shall govern all proceedings occurring on or after their effective date. (b) These Rules are adopted by the Presiding Judges of the Statutory Probate Courts of Denton County acting in concert pursuant to the inherent power of courts to control and guide the trial and disposition of causes and pursuant to the provisions of the Court Administration Act, Section 74.093, Government Code, as amended. (c) These Rules are standing orders of the Denton County Statutory Probate Courts and any other statutory probate court that may be created in this county. Knowing or intentional violation of these Rules may be punished by contempt or other sanction authorized by law or by rules of procedure. (d) All prior Local Rules are repealed as of the effective date of these Rules. These Rules are effective October 1, 2024 and shall govern all proceedings occurring on or after their effective date. (e) To maintain fair and equitable division of caseloads in the Probate Courts and expedite movement of individual court caseloads, the presiding judges of each Court may agree to transfer any case or proceeding from the docket of one probate court to the docket of another probate court. (f) Supplemental information, including Court procedures and policies, forms, and other information is available on the Courts' websites. Rule 1.2. Definitions In these Rules: (a) "Ancillary matter" includes any lawsuit brought by or against a personal representative, or brought on behalf of an estate, that does not relate to or concern the routine administration of an estate. Ancillary matters include, but are not limited to, suits concerning note collection, personal injury, breach of fiduciary duty, breach of contract, and trust litigation. (b) "Clerk" means the probate division of the Denton County Clerk's office. (c) "Contested matters" includes all litigated matters for which there are opposing parties. (d) "Counsel" includes attorneys and parties representing themselves self-represented. (e) "Court" means collectively the two Denton County Statutory Probate Courts and all judges serving these Courts, including associate and visiting judges. (f) "Hearing" means any record proceeding before the Court, including a status conference, preliminary hearing, scheduling conference, or trial. (g) "Party" means a person who has made an appearance in a case pending before the Court, either self-represented or through counsel. Rule 1.3. Parties Proceeding Self-Represented (a) Consistent with applicable law, including statutes prohibiting the unauthorized practice of law, the Court restricts self-represented parties from representing themselves or others in certain instances. An individual must be represented by an attorney if the individual is: (1) applying to serve as an executor or administrator of an estate; (2) applying for a guardianship for another; or (3) representing a third party, such as a beneficiary, heir, creditor, or estate representative, who seeks relief from the Court. (b) An individual subject to subsection (a) may present a document to the Clerk for filing, but the Court will take no action on the document until there is an attorney of record in the case. A party not represented by an attorney shall sign his or her own pleadings, and state his or her address, telephone number, and e-mail address. (c) An individual may appear before the Court self-represented if the individual is: (1) the sole beneficiary in a muniment of title action; (2) a non-corporate creditor of a probate or guardianship estate; (3) a non-corporate party in an ancillary civil action; (4) a distributee of an estate appearing pursuant to a small estate affidavit; or (5) otherwise permitted to do so by the Court. (d) In a pending case for which legal representation is required, a party is urged to secure substitute counsel simultaneously with the discharge of the attorney of record to avoid delays and additional expense. (e) A self-represented party is expected to read and follow the Local Rules and the Texas Rules of Civil Procedure, the Texas Rules of Civil Evidence, the Texas Estates Code, and the Texas Rules of Appellate Procedure as may be appropriate in the particular case. A self-represented party who fails to comply with all rules may be sanctioned. A self-represented party shall ensure the Clerk has accurate contact information for the party, including current addresses, phone numbers and email addresses, for purposes of receiving pleadings and other notices. Rule 1.4. Assignment of Causes (a) The Clerk will assign a unique cause number to each matter filed in the Probate Court. After a cause number has been assigned, all matters relating to that case will be filed using the same cause number. See Standing Order No. SO-2021-00001 regarding the distribution of cases in the Courts and designation assigned to each Court. (b) If a case includes an ancillary matter, the cause number of all pleadings relating to the ancillary matter shall be followed by the number "01". If a case contains more than one ancillary matter, each subsequent matter shall be designated by sequential numbers (i.e. 02, 03, etc.) The style of an ancillary matter shall include the names of the party bringing the action and the opposing party, as well as the name of the estate, ward, or trust. The form of various case styles is attached as Appendix A. Rule 1.5. Transfer A party seeking to transfer to the Court a cause of action pending in a district, county, or statutory county court under the Texas Estates Code must file a proper motion and proposed order. A hearing on the motion is required to be set. An agreed motion is not binding on the Court. Rule 1.6. Severance (a) A motion to sever will be granted only on a showing that a severance is necessary to protect substantial rights or to facilitate disposition of the litigation. Except on a showing of good cause, a severance will not be granted to make a judgment final if the judgment otherwise would be interlocutory due to other pending claims in the case. (b) When a motion to sever is granted, the party who sought the severance shall file the severed claim as a new case and the Clerk shall give the new case a new cause number. A severed claim filed as a new case is subject to all filing fees required by the Clerk. Rule 1.7. Vacations of Counsel If an attorney will be unavailable for Court appearances due to a vacation, the attorney of record shall file a vacation letter with the Clerk and shall serve all attorneys of record and parties with the vacation letter. If a vacation letter is filed not later than 45 days prior to the start of the attorney's designated vacation, no hearings or trials shall be set in a case during the attorney's vacation, and no orders shall be submitted under submission during the attorney's vacation unless the order is agreed upon by all the parties. However, the filing of a vacation letter shall not affect any settings that exist at the time of filing of the letter. Rule 1.8. Judicial Absences When a judge anticipates being absent, the judge may request that the Presiding Judge of the Statutory Probate Courts assign a visiting judge to the court or use the Associate Judge pursuant to standing orders or specific referrals. Counsel are encouraged to contact the Court Administrator to verify whether a visiting judge is scheduled, particularly for continued or contested hearings. Rule 1.9. Bankruptcy (a) Notice of Filing (1) When a party to a case pending before the Court files for protection under the bankruptcy laws of the United States, that party shall provide written notice to the Court and all counsel that a bankruptcy filing has occurred. The notice must be filed immediately and not later than five days after the date of the bankruptcy filing and include the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing, and the name and address of counsel for the debtor(s). (2) The Court may sanction a party or counsel for failure to comply with this Rule. (b) Conclusion of Bankruptcy After a bankruptcy has been concluded, whether by discharge, denial of discharge, or an Order lifting the automatic stay so as to permit continuation of the litigation, a dismissal or otherwise, counsel shall notify the Court promptly so the affected case may be restored to the active docket or dismissed as appropriate. Rule 1.10. Appointment of Attorney or Guardian Ad Litem (a) The Court may appoint an attorney or guardian ad litem when authorized or required pursuant to the Texas Estates Code or the Texas Rules of Civil Procedure. (b) Until discharged, an ad litem is entitled to be notified of all hearings and to be served with all pleadings. (c) Except as otherwise directed by the Court: (1) an attorney ad litem in a guardianship matter is not required to make a written report, to avoid compromising the attorney work product or other privilege; (2) an attorney ad litem in a non-guardianship proceeding is required to make a written report; (3) a guardian ad litem is required to file a written report not later than the date established by the Court; and (4) counsel serving in a dual role of attorney ad litem and guardian ad litem shall make a report only if the portion of the report relating to the role of guardian ad litem does not compromise the attorney work product or other privilege. (d) In an appropriate case, an ad litem should consider filing an application for security for costs under Tex. R. Civ. P. 143 and Texas Estates Code §53.051 and §53.052. (e) In both determination of heirship and guardianship proceedings, the Court shall require the deposit of security for costs for the fees of the attorney ad litem. (f) All ad litems serve at the pleasure of the Court. Rule 1.11. Attorney Fee Standards A party who seeks approval from the Court for payment for attorney fees for legal services shall file with the Court an Application for Payment of Attorney Fees. The Court maintains "Standards for Court Approval of Attorney Fee Applications," which are available from the Court and on the Court's website. An application for payment of attorney fees must conform to the Court's Standards. All applications for attorney fees are subject to review by the Court staff. Rule 1.12. Local Counsel In order to facilitate the resolution of day-to-day issues and proper interpretation of these Rules, local counsel is recommended. CHAPTER 2. CASES Rule 2.1. Docketing Instructions Unless otherwise specified by statute, the Presiding Judge of the state's Statutory Probate Courts will direct the Clerk in the matters of filing, docketing, and transferring cases within the jurisdiction of the Court. Directions and instructions given by the Court are effective and considered given by the authority and with the consent of the State Presiding Statutory Probate Judge unless specifically controverted, cancelled, or withdrawn by the State Presiding Statutory Probate Judge in writing directed to the Clerk. Rule 2.2. Filing Papers (a) All pleadings, motions, notices, briefs, proposed orders, proposed judgments, and any other paper, document, or thing made a part of the record shall be filed with the Clerk. A pleading should have only one style to ensure pleadings are filed in the correct case. (b) This subsection applies to the submission of a proposed order or judgment in a case in which parties are entitled to notice or service of pleadings under Tex. R. Civ. P. 21. (1) If all counsel agree to the form of the proposed order or judgment: (i) all counsel must sign the order or judgment; and (ii) the Court may enter the order or judgment immediately on submission. (2) Absent an agreed order or judgment under subdivision (1) of this subsection: (i) counsel may submit a proposed order or judgment to the Court no earlier than 10 days (mailbox rule applies) after serving that proposed order or judgment on all other counsel, unless all counsel agree to submit the proposed form and alternative forms of the order or judgment before that date; (ii) at the time of submission, the proponent shall certify to the Court that the proposed order or judgment was served on all counsel and describe to the Court the substance of all communications received from all counsel regarding the form of the order or judgment; (iii) a party objecting to the form of the order or judgment must prepare an alternative form of the order or judgment, specifically state the objections to the proponent's order or judgment, serve the alternative form on all counsel, and submit the alternative form to the Court; and (iv) a proposed order or judgment submitted in accordance with this subdivision is subject to being held an additional 10 days before the Court will consider the order or judgment, after which the Court may act without notice to the parties. (3) The Court may act at any time without further notice to the parties on a proposed order or judgment submitted in accordance with this subsection. Nothing in this subsection prevents the Court from entering its own form of order or judgment or restricts the Court's ability to enter orders at its discretion. (c) Counsel may not file an amendment to a pleading later than seven (7) days before the date a case is set for trial. The Court will consider an amended pleading offered for filing later than seven days before the date of trial only as a trial amendment under Tex. R. Civ. P. 66. The amended pleading may be filed only with leave of Court after filing a motion and providing notice to all parties. (d) Notwithstanding subsection (c), an order sustaining a special exception or taking an action that requires the filing of an amended pleading is considered to grant leave to file the amended pleading not later than twenty (20) days after the date the order is entered unless the order specifies a different deadline. Rule 2.3. The Setting of Cases (a) The Court shall promulgate a yearly calendar showing which weeks shall be jury or non-jury. (b) Non-jury matters may be set and tried in jury weeks subject to the jury docket. (c) At the Court's discretion and subject to the availability of jury panels, the Court may call to trial a jury matter during a non-jury week. (d) The Court will set a hearing and place it on the docket on written or oral request of a party unless the Court requires the request to be made in writing. The Court will not sign an order setting a hearing except: (1) when a show cause order is necessary; or (2) when a rule of law requires that an order for a hearing be signed by the Court. (e) Temporary guardianship hearings and other matters involving exigent circumstances will take priority over other proceedings. (f) A request for a non-jury hearing must include an estimate of the hearing time required for the matter being set. Counsel requesting the hearing shall include the time estimate in the notice to the parties. (g) The Court may establish an uncontested docket procedure. Uncontested matters and routine matters of very short duration may be set on the uncontested docket by calling the Court Administrator. The uncontested docket consists of, but is not limited to, issuance of letters testamentary, muniment of title actions, issuance of letters of administration, administrative motions, and declarations of heirship and applications for guardianship. (h) The Court hears a mental health docket at least weekly at a regularly scheduled time. Rule 2.4. Resolution of Conflicting Settings An attorney shall inform all Courts in which the attorney is set for hearing or trial if the attorney has a conflicting setting, which information shall be verified upon request of opposing counsel. When a counsel has settings in more than one court: (1) a trial on the merits in any court takes precedence over hearings, motions, and other interlocutory matters in another court; (2) all proceedings in any court take precedence over depositions and other out of court activities; and (3) an attorney who has a previously scheduled oral argument in an appellate court will be given a reasonable time to travel to and from that court and make argument if the attorney advises the Court of the scheduled argument before trial commences. Rule 2.5. Disposition of Contested and Ancillary Matters (a) On its own motion or by agreement of the parties and counsel, the Court will refer a case for resolution by an alternate dispute resolution procedure under Chapter 154, Civil Practice and Remedies Code. A party or counsel may move for such a referral if an agreement cannot be reached. All final contested matters set for either a bench or jury trial are required to attend mediation. (b) A pre-trial hearing will not be required in every case. On request of a party or on its own motion, the Court may set a hearing under Tex. R. Civ. P. 166 to consider any matter that might aid in the disposition of the action. (c) The Court may conduct a scheduling conference in any case at the request of a party or on its own motion. The Court will conduct a scheduling conference in each case in which a party has pled that a Discovery Control Plan - By Order (Level 3) governs under Tex. R. Civ. P. 190.4. Counsel in a Level 3 case shall request a setting for a scheduling conference or the Court will set a scheduling conference. If before the date of the scheduling conference the parties provide to the Court an Agreed Scheduling Order, a form of which is located on the Court's website, a scheduling conference will not be required and the Court will sign the order. (d) When a party believes a case is ready for trial, counsel may request that the case be set for trial by filing a written request with the Court Administrator. The request may ask for a setting on a specific trial week, but no sooner than forty-five (45) days after the date of request, unless leave of Court is obtained or all counsel agree to an earlier setting. The request must be sent in writing to all counsel and any parties not represented by counsel. A party may file a written objection to the request not later than seven days after receiving the request for setting. The objecting party must request a hearing on the objection. (e) When requesting a trial setting, counsel shall inform the Court of the estimated time for trial. Counsel shall make a good faith estimate of the time required after consulting all parties and considering proper examination of witnesses, introduction of exhibits, and cross-examination and rebuttal of witnesses reasonably anticipated to be called by all parties. If the time requested is not sufficient, the Court may continue the matter as the Court's docket allows. If the Court finds that the counsel requesting the trial setting acted in bad faith in misrepresenting the time required, the Court may impose appropriate sanctions, including attorneys' fees incurred by any delay in trial and costs and expenses for travel of witnesses and parties who are required to return at a later date as a result of the continued setting. Rule 2.6. Motions for Continuance and Settlements (a) A trial or hearing date may not be postponed or changed without Court approval. (b) The first continuance shall be granted on or prior to announcement day without necessity of showing cause, subject to approval by the judge. All continuances shall be granted only when required for a fair disposition of litigation or when a setting is in conflict with a setting having a higher priority under these Rules or as provided by law. Substitution of counsel is ordinarily not good cause for subsequent continuances. A case passed or continued because of an attorney's vacation may not receive a new setting except upon agreement of the parties or upon good cause shown. (c) A trial date cannot be postponed or changed without the consent of the Court. Except for good cause shown, any Motion for Continuance must be filed no less than ten (10) days prior to the trial date and will be heard by the Court if set for hearing at or before the time of trial. Any motion for continuance based upon facts which occur on or after the deadline set forth in this paragraph will be filed as soon as possible and will be heard at a time to be set by the Court. If counsel fails to notify the Court within a reasonable time before the date of the hearing, then the Court may impose appropriate sanctions. (d) If the parties reach a settlement and a trial is passed on the basis of an announcement of settlement, the counsel representing the party seeking affirmative relief shall notify the Court of the settlement in writing and that the hearing date is no longer needed. A final judgment or order signed by all attorneys shall be submitted to the Court not later than thirty (30) days after the passed trial setting. Absent a showing of good cause, failure to timely submit the judgment shall be grounds for dismissal of the case for want of prosecution. Rule 2.7. Pre-Trial (a) If not otherwise addressed in a Scheduling Order, the Court will conduct a pre-trial conference at least ten (10) days before the scheduled trial date. Trials will begin on Mondays or the first available day after Monday in the event of a Courthouse closure or jury availability. At the pre-trial conference, the Court will hear and consider all pending preliminary, pre-trial, and dispositive motions and matters. Before the presentation of any evidence to the jury, the parties shall present to the Court and each other a proposed jury charge for any issue on which the party presenting the charge carries the burden of proof, unless the Court requires the proposed jury charge to be submitted to the Court earlier. The Court reserves the right to require the parties to present their proposed jury charges ten (10) days before the scheduled trial date. (b) At the pre-trial conference, counsel are expected to identify for the Court the issues that are disputed and to be familiar with the authorities applicable to the questions of law raised at pre-trial. Failure to comply with this Rule is grounds to postpone the trial, require further pre-trial hearings, or other appropriate sanction. (c) If counsel for a party fails to appear at a pre-trial conference, the Court may: (1) rule on all motions, dilatory pleas, and exceptions in the absence of that counsel; (2) declare any motions, dilatory pleas, or exceptions of the absent counsel waived; (3) advance or delay the trial setting according to the convenience of the counsel present; (4) pass and reset the pre-trial; or (5) if the absent counsel represents the plaintiff: (i) decline to set the case for trial; (ii) cancel a setting previously made; or (iii) dismiss the case for want of prosecution. (d) Counsel appearing at the pre-trial conference either shall be the attorney who will try the case or shall be familiar with the case and be fully authorized to state the party's position on the law and the facts, make stipulations, and enter into settlement negotiations as trial counsel. If the Court finds that the appearing counsel is not qualified, the Court may deem that counsel for that party did not appear. Rule 2.8. Trial Procedure (a) Except as otherwise specified in a scheduling order or by leave of Court, a dilatory pleading, such as special exceptions or a plea in abatement, must be filed not later than thirty (30) days before a scheduled trial date. (b) All contested and ancillary matters are specially set. Counsel may request only one additional setting as a second setting. A second setting will be called to trial if the case with the number one setting on that date does not proceed. (c) Except as otherwise ordered by the Court, when reporting for trial counsel shall deliver to the Court and other counsel a witness list, exhibit list, and any motion in limine. A witness or exhibit that was not disclosed as required by this subsection may be offered at the trial only by leave of Court. Before the trial starts, counsel shall mark all exhibits and exchange them with opposing counsel so that the trial will not be delayed. (d) When introducing evidence, the Court orders that the sponsoring party of the evidence shall ensure it is in a format that may be uploaded and accepted by the appropriate court of appeals and which complies to the recommendations of the Judicial Committee on Information Technology. If the applicable court of appeals or other higher court amends its rules and guidelines for evidence formats, the amended rules and guidelines of that court of appeals or other higher court shall be followed. (e) Counsel shall stipulate to all facts that are not in dispute and waive formal proof as to any documents to be introduced about which there is no dispute as to authenticity. Rule 2.9. Motion Practice (a) Counsel are encouraged to resolve pre-trial disputes to avoid the need for judicial intervention. (b) The Court will not set a motion for hearing unless the moving counsel certifies in the motion or in a letter filed contemporaneously with the motion that counsel conferred or attempted to confer with opposing counsel regarding the motion. This said certification must be signed by moving counsel. Failure to comply with this Rule may result in costs being assessed. The certification must conform substantially to the following: CERTIFICATE OF CONFERENCE "I, the undersigned attorney or self-represented party, hereby certify and represent to the Court that: 1. I have conferred with opposing counsel or opposing party (if self-represented) in an effort to resolve the issues contained in this motion without the necessity of Court intervention; or 2. After diligent attempts, I was unable to confer with opposing counsel. I attempted to contact opposing counsel at the following times and on the following dates: (Insert Applicable paragraph below) On ________, at _____ (time) I left a specific message with ___________, an individual in the office of opposing counsel, that the purpose of my call was to attempt to resolve the issues contained in this motion without the necessity of Court intervention. OR I was unable to leave a message as to the purpose of my call because [describe efforts or issues]. (c) Section 2.9(b) of this Rule does not pertain to dispositive motions, (e.g., Motions for Summary Judgment, Motions to Dismiss, Motions for Default Judgment, and Special Exceptions seeking to dismiss a cause of action) or to Motions for New Trial. (d) The Court Administrators are responsible for scheduling the dates and times for hearings. On obtaining a date and time for a hearing, the moving counsel shall immediately notify all counsel in writing as to the date, time, and subject matter of the hearing. The moving counsel shall provide a copy of the notice to the Court Administrator. (e) By agreement, counsel may submit a matter for decision by the Court without a personal appearance and oral presentation. The Court should be advised in writing when this procedure is desired. (f) When requesting a hearing on a motion, counsel shall inform the Court of the estimated time for the hearing. Counsel shall make a good faith estimate of the time required after consulting all parties and considering proper examination of witnesses, introduction of exhibits, and cross-examination and rebuttal of witnesses reasonably anticipated to be called by all of the parties. If the time requested is not sufficient, the Court may continue the matter as the Court's docket allows. If the Court finds that the counsel requesting the hearing acted in bad faith in misrepresenting the time required, the Court may impose appropriate sanctions, including attorney's fees incurred by any delay in the hearing and costs and expenses for travel of witnesses and parties who are required to return at a later date as a result of the continued hearing. (g) 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 not later than three (3) working days before the scheduled hearing. Briefs in support of a motion of 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 (3) days before the hearing. (h) 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. Proposed orders should be tendered to the opposing party at least two (2) working days before they are submitted to the Court. The opposing party must either approve the proposed order as to form or file specific objections in writing with the Court. If an order is not approved as to form and no specific objections are filed within five (5) days of the submission of the proposed order, the Court will presume that there are no objections 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. Rule 2.10. Hearings Conducted by Electronic Devices Generally, the Court does not permit telephonic hearings. The Court shall permit hearings via Zoom or similar live-streaming media if the matter is uncontested and agreed upon by all counsel and parties. Generally, the Court will not hear contested matters via Zoom nor will the Court allow witnesses to testify via Zoom in contested matters. Rule 2.11. Deposition Guidelines (a) The Court adopts these guidelines to promote uniformity and save time and expense resulting from discovery disputes. The Court encourages counsel to strive for agreement on discovery matters. Absent agreement, counsel may submit discovery disputes for Court resolution by filing a proper motion. The Court may require a hearing before acting on a motion relating to a discovery dispute. (b) The party initiating a deposition may elect to take the deposition orally or on written questions and all counsel may elect to cross-examine orally or on written questions. (c) Before noticing an oral deposition, the attorney initiating an oral deposition shall attempt to confer with all counsel to reach an agreement as to date, time, place, and materials to be furnished at the deposition. Failure to make an adequate attempt to confer as required by this subsection is grounds to quash the deposition. A notice of deposition must describe the efforts to reach agreement in a statement that conforms substantially to the following: "A conference was held (or attempted) with opposing counsel to agree on a date, time, place, and materials to be furnished at the deposition. Agreement could not be reached (or counsel did not respond) and the deposition is being taken pursuant to this notice (or agreement was reached and this notice complies with the agreement)." (d) Notice of less than 10 days under Tex. R. Civ. P. 21a and 202.3(a) is presumed to be unreasonable. (e) A deposition may be noticed in: (1) the county of the witness's residence or the county where the witness is employed or regularly transacts business in person; (2) the county of suit if the witness is a party or a person designated by a party under Tex. R. Civ. P. 199.2(b)(1); (3) the county where the witness was served with the subpoena, or within 150 miles of the place of service, if the witness is not a resident of Texas or is a transient person; or (4) any other convenient place directed by the Court in which the case is pending. (f) Unless otherwise expressly agreed by the parties or ordered by the Court, counsel intending to offer visually recorded depositions or other films or visual recordings at trial, except those offered solely for impeachment, must serve opposing counsel with page and line designations for visually recorded depositions not later than thirty (30) days prior to trial. Opposing counsel shall serve the proffering attorney with all objections to the testimony and page and line designations of any portions he/she intends to introduce at trial within ten (10) days of receiving the designation. A hearing on objections to the proffered testimony shall be at the time the objections are served, and should be scheduled no later than ten (10) days prior to trial. Visually recorded testimony will not be considered unless the procedures set forth in this paragraph are followed. Objections to visually recorded testimony that are not heard prior to trial are waived. Rule 2.12. Matters Requiring Immediate Action (a) A pleading requesting immediate action or relief, such as an application for temporary restraining order, receivership, temporary administration, temporary guardianship, or a request to examine the contents of a safe deposit box will not be considered by the Court until the pleading has been filed with the Clerk, unless it is impossible to do so. If it is impossible to file such a pleading before it is presented to the Court, the presenting party shall file the pleading as soon as possible and the Clerk shall be notified of all actions taken by the Court. (b) A party requesting relief ex parte shall notify all parties of the intent to present the request for relief to the Court ex parte. The requesting counsel must provide notice to all parties not later than two hours before the time the counsel intends to present the request ex parte and state in the notice the time and place the request will be presented. (c) Every application for relief ex parte shall contain a certificate signed by counsel in one of the forms set forth below: ATTORNEY' S CERTIFICATE FOR EX PARTE RELIEF "I, the undersigned attorney or party, hereby certify and represent to the Court that: 1. To the best of my knowledge, no attorney is representing the opposing party in this matter at this time and no attorney has contacted me regarding the representation of the opposing party prior to filing this request for ex parte relief; OR, 2. Prior to presenting this request for ex parte relief to the Court for approval, I contacted all attorneys of record and/or all attorneys that have contacted me as to their representation of the opposing party, transmitted a copy of the pleadings and proposed order as the requested ex parte relief, and notified them of the time and place that I would be presenting this requested ex parte relief to the Court, AND: After conferring, no attorney of record wishes to be heard prior to the presentment of this request for ex parte relief; or, After conferring, no agreement could be reached as to this request for ex parte relief, and such counsel or party stated that they would be present at ____ (time) on _______, __ (date), in the Statutory Denton County Probate Court (No. 2) to be heard on this matter prior to the Court signing any order for ex parte relief; or, I was unable to confer with opposing counsel and left a message with ___________, an individual in the office of opposing counsel, that I would present the request for ex parte relief at ____ (time) on _____, __ (date), in the Statutory Denton County Probate Court (No. 2) and they should be present at such time if they wished to be heard on this matter prior to the Court signing any order for ex parte relief; or, After diligent attempts, I was unable to confer with opposing counsel and was further unable to leave a message with any individual in the office of opposing counsel regarding the presentment of this request for ex parte relief . . Rule 2.13. Private Service of Process (a) The Court considers a person authorized to serve citations and other notices under Tex. R. Civ. P. 103 to be an officer of the Court. A person who files a false return or engages in service contrary to law or rule is subject to punishment for contempt and is subject to losing the privilege of serving citations and notices in this County. (b) The Court will not sign a proposed order authorizing private service under Tex. R. Civ. P. 103 unless the party requesting private service files a certificate of counsel stating that the individual to be authorized to serve a citation or notice is at least 18 years of age, is not a party, and has no interest in the outcome of the case for which the authorization is sought. Rule 2.14. Motions to Withdraw as Attorney of Record and Motions to Substitute Counsel (a) A motion to withdraw as attorney of record requires a hearing with written notice to all counsel and the client except as otherwise provided by this section. The motion must be in conformity with Tex. R. Civ. P. 10. (b) A motion to withdraw that includes a request to substitute another attorney does not require a hearing if: (1) the motion is filed at least 45 days before a scheduled court date, including a final hearing; (2) the motion contains the client's written and signed consent to the withdrawal; and (3) the substituting attorney makes an appearance pursuant to Tex. R. Civ. P. 10 and Tex. R. Civ. P. 57. (c) A motion to withdraw filed at least 45 days before the date scheduled for a final hearing does not require a hearing if the motion contains the client's written and signed consent to the withdrawal. (d) A motion to withdraw filed later than 45 days before the date scheduled for a final hearing does not require a hearing if the motion is agreed to in writing by all parties of record and the client. (e) Notwithstanding Subsections (b), (c), and (d) of this Rule, a hearing will be required on the filing of an objection or at the request of a party and must be in conformity with Tex. R. Civ. P. 21 and 21a. (f) The order granting the withdrawal must be sent to the client and shall contain all settings and pending deadlines. Additionally, the Court requires that the client's mailing address, telephone number, and email address be contained in the motion and/or order in order to ensure continued communication to the party. CHAPTER 3. DISMISSAL FOR WANT OF PROSECUTION Rule 3.1. Dismissal for Want of Prosecution and Status Conferences A case may be dismissed for want of prosecution for any of the following reasons: (a) Failure of counsel to request a setting or take other appropriate action after the case has been pending for more than 60 days. (b) Failure of counsel to appear for pretrial, docket call, pre-trial conference, other preliminary hearing(s), or trial. (c) Failure of counsel to make an announcement of "ready" when a case is called for trial or hearing of any preliminary matters. (d) For any other reasons provided for by these Rules, the Texas Rules of Civil Procedure, or the general law. Rule 3.2. Notice The Court will periodically give notice of their intent to hold dismissal dockets or status conferences for the purpose of determining the progress of a case. Upon appearing for one of these settings, attorneys and self-represented litigants may be required to furnish signed scheduling orders or proof of issuance of citations as needed. Failure to appear may result in the case being dismissed for want of prosecution. The Court shall give notice to all parties if a case is selected to be dismissed for want of prosecution. The Court shall dismiss the case on the date indicated in the notice of dismissal unless there is good cause for the case to be retained on the docket. CHAPTER 4. RULES OF DECORUM Rule 4.1. General Rules of Courtroom Conduct (a) All officers of the Court, except the Judge and jurors, and all other participants except witnesses who have been placed under the Rule, shall promptly enter the courtroom before the scheduled time for each court session. When the bailiff calls the Court to order, all persons in the courtroom shall observe complete order. (b) In the courtrooms, a person may not: (1) use tobacco; (2) chew gum; (3) read newspapers or magazines; (4) possess a bottle, cup, or other beverage container, other than bottled water or Court-provided water pitchers and cups, except for jurors; (5) eat food; (6) rest feet on tables or chairs; (7) make noise or talk in a manner that interferes with court proceedings, including using cellular phones; or (8) use an electronic device unless permission is granted by the Court. (c) The Judge, counsel, and other officers of the court will refer to and address other court officers or participants in the proceedings respectfully and impersonally, by using appropriate titles and surnames rather than first names. (d) The Court shall administer the oath in a manner calculated to impress the witness with the importance and solemnity of the promise to adhere to the truth. (e) All persons appearing before the Court shall dress appropriately for court sessions. (f) All persons in the courtroom shall ensure no audible sounds can be heard from any communication devices or other electronic devices and no recording of court proceedings shall be permitted. (g) Gestures, facial expressions, sounds, signs, or other action indicating approval or disapproval of any testimony, argument, or ruling should be avoided. (h) Any and all campaign materials are prohibited in the courtroom. Rule 4.2. Conduct of Counsel (a) Counsel should observe the letter and spirit of the Texas Lawyer's Creed and the canons of ethics, including those dealing with discussion of cases with representatives of the media and those concerning improper ex parte communications with the Court. (b) Attorneys shall be responsible for familiarizing their clients, witnesses, and all other people in attendance at the attorney's request with the appropriate courtroom decorum and the Court's Local Rules. (c) All counsel appearing before the Court shall dress appropriately for court sessions. (d) All objections, arguments, and other comments by counsel shall be directed to the Court or jury and not to opposing counsel. Counsel shall not make speaking objections but only a specific legal objection. (e) While another attorney is addressing the Court or jury, an attorney should not stand for any purpose except to make an objection. (f) Counsel should not approach the bench without leave of Court and may not lean on the bench. (g) Counsel shall remain seated at the counsel table except: (1) when the Judge or jury enters and leaves; (2) when addressing the Court or jury; (3) when necessary to handle documents, exhibits, or other evidence; and (4) with leave of Court. (h) Attorneys have the duty to assist the Court in expediting trials and hearings consistent with their duty to provide zealous representation to their client(s). (i) Counsel should anticipate any need to move furniture, appliances, or easels and make advance arrangements with the bailiff. Tables should not be moved during court sessions. APPROVED this [handwritten: 1st] day of October, 2024. [signature] The Honorable David W. Jahn Presiding Judge Denton County Probate Court Denton County, Texas [signature] The Honorable Christopher J. Everett Presiding Judge Denton County Probate Court #2 Denton County, Texas [signature] The Honorable Edward Nolter Associate Judge Denton County Probate Courts Denton County, Texas APPENDIX A SAMPLE STYLE FOR A PROBATE CASE: No. ____________ IN RE: THE ESTATE OF § IN THE PROBATE COURT ____________, § NUMBER 2 OF [or] OF DECEASED § DENTON COUNTY, TEXAS SAMPLE STYLE FOR A GUARDIANSHIP CASE: No. ____________ IN RE: GUARDIANSHIP OF § IN THE PROBATE COURT ____________, § NUMBER 2 OF [or] OF ALLEGED INCAPACITATED PERSON § DENTON COUNTY, TEXAS SAMPLE STYLE FOR AN ANCILLARY CASE: No. ____________-01 ____________, Plaintiff § IN THE PROBATE COURT V. § NUMBER 2 OF [or] OF ____________, as Executor of the Estate of ____________, Defendant § DENTON COUNTY, TEXAS [Rows of asterisks separate the sample styles. Footer on every page: Version 10-01-24; the rules are paged 1 through 17.]
DENTON COUNTY PROBATE COURTS [Seal: Denton County, Texas, 1846] LOCAL RULES October 1, 2024 TABLE OF CONTENTS Chapter 1. General Rules Rule 1.1 Title, Scope, Authority, and Application of Local Rules ..... 1 Rule 1.2 Definitions ..... 1 Rule 1.3 Parties Proceeding Self-represented ..... 2 Rule 1.4 Assignment of Causes ..... 2 Rule 1.5 Transfer ..... 3 Rule 1.6 Severance ..... 3 Rule 1.7 Vacati
Reviewer note: Text-layer registration (19 pp, 41,367 chars) read in full 2026-09-06; quoted verbatim by rule number; the signature page names Judge David Jahn (Probate Court No. 1), Judge Christopher J. Everett (Probate Court No. 2) and the associate judge. Composed benchpath-ajr8-denton. County-site receipt(s) in custody 2026-09-06: https://www.dentoncounty.gov/DocumentCenter/View/2606/Local-Rules-of-the-Probate-Court-PDF (identical edition). [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 ae107f1390b7..., 19 page(s), digital layer that failed the machine checks; text taken from the layer and corrected word by word from the page) read against the rendered file; verbatim, source typos kept, stamps/signatures bracketed; the earlier abstract replaced by the full instrument; confidence high. benchpath-tx-corpus0920-p12-2026-09-21]