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The Civil Trial Judges' administration rules for all civil cases in the Civil Trial Courts (the district courts and county courts at law that, under the current assignment orders, regularly receive more than ten percent of civil filings — excluding family, probate, nisi, non-disclosure, and occupational-license cases): weekly court sessions and coordinated absence coverage; bench/case exchange at any time; previous-judgment claims assigned to the court holding the prior judgment; consolidation mechanics (single clerk's office — heard in the lowest-numbered case's court; dual clerks' offices — heard by the court with jurisdiction over both when not concurrent, or the lowest-numbered case's court when concurrent, with clerk transfer of the papers); severance cases stay in the original court with a new file date and cause number payable by the severing party (severance orders remain interlocutory and subject to vacatur if the clerk's filing fees go unpaid); case distribution by TRCP 3a standing orders with redistribution per the fair-distribution rule; cases remain pending in the original court when a judge presides for another; emergency matters may be taken to any other Civil Trial Judge (or any district or CCL judge) when the assigned judge is unavailable; joint administrative-judge transfers between district courts and CCLs; automatic clerk transfer of misfiled cases before citation issues; docket-control orders per court; MANDATORY CERTIFICATES OF DISCOVERY (written requests, responses, and depositions logged with type, dates, and responsible parties); certificates of service must name the instrument, method, persons served, and date — a deficient certificate creates no presumption of service; discretionary dismissal dockets; contested motions in writing (12-to-14-point font, complete sentences) with a SEPARATE proposed order; hearing/submission notices scheduled through the court and served at least 10 calendar days before consideration (except emergencies); written responses at least 24 hours before consideration; oral hearing at the court's discretion unless required by law; ad litem appointments from the court's list with fee requests by application and proposed order; mediation encouraged with personal party-and-counsel attendance required unless excused; and oral final orders reduced to writing by the prevailing party by the court's entry date, with form-approval attempts and possible sua sponte sanctions for unreasonable refusal.
Texas > Montgomery County > the Civil Trial Courts (the district courts and county courts at law regularly receiving more than ten percent of civil case filings under the current case-assignment orders; family, probate, nisi, non-disclosure, and occupational-license filings excluded from that measure). Operates under the county-wide Rules of Administration of Montgomery County (Gov't Code sec. 74.093) and TRCP 3a.
Reviewer note: Image-only registration (six pages) read in full through the vision lane (pypdfium2 renders); operative provisions quoted verbatim. Signature page carries Bays (284th), Santini (457th), Valdez (CCL6) for the Civil Trial Judges, adopted 27 January 2023. Composed benchpath-ajr2-p2.
Establishes a Traffic Violations Bureau within the Clerk of the County Court under Fla. R. Traf. Ct. 6.100(a) (Burnstein, C.J., Nov. 1, 1988).
Approves the National Highway Safety Council Defensive Driving course as a school to which traffic courts may require attendance (Fla. R. Traf. Ct. 6.110(a)).
Rule 1.3 Court Sessions: "The Civil Trial Courts will hold court at least once a week in Montgomery County." Rule 2 Exchange of Cases: "The courts may at any time exchange cases and benches to accommodate their dockets or to expedite the court's trials." Rule 3: "Any claim for relief based upon a previous judgment shall be assigned to the court in which the case is currently filed that contains the previous judgment." Rule 4.1 (both cases in one clerk's office): "A motion to consolidate cases shall be heard in the court where the lowest numbered case is pending. If the motion is granted, the consolidated case will be given the number of the lowest numbered case and assigned to that court." Rule 4.2.1 (jurisdiction not concurrent): the motion "shall be heard in the court that has jurisdiction over both cases," with clerk transfer of the papers on grant; Rule 4.2.2 (concurrent): heard "in the court where the lowest numbered case is pending." Rule 5 Severance: "the new case will be assigned to the court where the original case is pending and the clerk of the court will assign a new file date and a new cause number to the now severed case upon payment of all clerk fees by the party which sought the severance. A severance order remains interlocutory and subject to being vacated if the applicable clerk's filing fees are not paid." Rule 6.1 Case Distribution: "The assignment, docketing, transfer, and hearing of all civil cases will be done pursuant to Standing Orders posted pursuant to Texas Rule of Civil Procedure 3a and filed with the District Clerk and/or the County Clerk." Rule 6.3 When Judge Unavailable: "the litigant may take the matter to any of the other Civil Trial Judges, and, if none are available, to any other District Court or County Court at Law judge in Montgomery County." Rule 7 Fair Distribution: on joint findings of inequitable burden, "upon written order signed by both the Administrative District Judge and the Administrative County Court at Law Judge, they may transfer cases between District Courts and County Courts at Law." Rule 8: "If citation in the misfiled case has not issued, the District Clerk or County Clerk shall automatically transfer any such misfiled cases to the proper Court." Rule 9.2 Certificates of Discovery: "the parties are required to file Certificates of Discovery" stating — for written requests, "(1) the type(s) of discovery vehicle which was served, (2) when it was served, and (3) who is responsible for responding"; for responses, the vehicle and service date; for depositions, "(1) the identity of the deponent and (2) the date of the deposition." Rule 9.3: "Certificates of service must include (1) the name of the instrument which was served, (2) the method of service, (3) the name(s) of the person/people on whom it was served, and (4) the date on which it was served. A certificate of service which fails to provide this information creates no presumption that the instrument was served." Rule 10.1: "Contested motions and responses shall be in writing using 12 to 14 point font, shall be well organized, shall use complete sentences, and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument." Rule 10.2: notice of hearing or submission "in no event fewer than 10 calendar days before the date and time of consideration" (emergency motions excepted). Rule 10.4: written responses "in no event less than 24 hours before the date and time of consideration." Rule 10.5: "Unless the law and/or the Texas Rules of Civil Procedure require an oral hearing, it is in the sound discretion of the court whether to set a motion for submission or a hearing." Rule 11: ad litem appointments come from the court-maintained list; fee applications require "an appropriate fee request with a proposed order." Rule 12: mediation is encouraged; "A personal appearance by each party and their attorney (if represented) is required at mediation unless otherwise indicated by leave of court." Rule 13 Entry of Final Orders: after an oral final ruling, "the prevailing party shall prepare a written final order complying with the court's ruling and file the order by the date the court sets for entry," attempting form approval from opposing counsel or the pro se litigant; "Unreasonable refusal to approve such an order may result in sanctions imposed by the court sua sponte." Rule 14.1: adopted by the Civil Trial Judges, effective immediately after TRCP 3a posting. Signed and approved January 27, 2023 — Judge Kristin Bays (Presiding Judge, 284th District Court), Judge Vincenzo J. Santini (Presiding Judge, 457th District Court), Judge Scharlene Valdez (Presiding Judge, County Court at Law No. 6).
Designates the D.W.I. Counterattack School (Broward County Commission on Alcoholism) as an approved school for court-ordered attendance (Fla. R. Traf. Ct. 6.110(a)).