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Local administrative rules of the district courts and county courts at law of Armstrong, Potter and Randall Counties, adopted by the judges effective November 1, 2024: general rules (title, scope and application; the Texas Lawyer's Creed; self-represented litigants; random assignment of cases; virtual hearings; filing papers, with pleadings and motions complying with the courts' standing order on the use of artificial intelligence and carrying its certification; conflicting settings; attorney and judicial vacations; hearings; TRO and other ex parte applications; proposed orders; conflicting engagements; decorum; inclement weather and emergency scheduling); civil cases (trial weeks, expert reports, certificates of conference, uncontested and agreed matters, depositions, dismissal for want of prosecution); family law cases (the standing order in divorce and parent-child suits); and bankruptcy proceedings. The rules' appendices - the AI standing order and certification (published as a separate rule), the Ninth Region's rules and the 2020 family standing order - are described in an editorial note.
Texas > Ninth Administrative Judicial Region > Randall County.
LOCAL ADMINISTRATIVE RULES DISTRICT COURTS & COUNTY COURTS-AT-LAW OF ARMSTRONG, POTTER, AND RANDALL COUNTIES, TEXAS Adopted by the Board of Judges Effective November 1, 2024 ARMSTRONG, POTTER, AND RANDALL COUNTIES LOCAL RULES PART I. GENERAL RULES Rule 1.01 Title, Scope, Authority, and Application of Local Rules (a) These rules are the Local Rules of Court of Armstrong County, Potter County, and Randall County, Texas. They shall govern proceedings in the District Courts and Statutory County Courts of Armstrong County, Potter County, and Randall County, Texas, for the purpose of securing uniformity and fairness in those proceedings and in order to promote justice. (b) These rules are adopted by the trial judges of the district and county courts acting in Council pursuant to the inherent power of courts to control and guide the trial and disposition of causes, and pursuant to the provisions of the Supreme Court’s order of September 13, 1999, as amended, adopting Rules of Judicial Administration and to the provision of the Court Administration Act, Section 74.093, Government Code, as amended. (c) These rules are standing orders of all District and Statutory County Courts of Armstrong County, Potter County, and Randall County, now existing or as may be created in the future. Knowing or intentional violation of these rules may be punished by contempt or other sanction authorized by law or by rules of procedure as the trial judge may deem appropriate. (d) Enforcement of these rules is at the discretion of the court. Rule 1.02 Texas Lawyers’ Creed -- A Mandate for Professionalism The courts affirm the importance of honesty, candor and fairness in litigation proceedings as well as a lawyer’s duty to the legal system. The courts expect lawyers to avoid abusive tactics in litigation that constitute a disservice to our citizens, are harmful to clients, and demeaning to our profession. The courts expect that lawyers will comply with the Texas Lawyers’ Creed -- A Mandate for Professionalism promulgated by the Supreme Court of Texas and Court of Criminal Appeals. Rule 1.03 Self-Represented Litigants All requirements of these rules applicable to attorneys or counsel apply with equal force to self-represented litigants. Wherever “counsel” or “attorney” is used it includes a party not represented by an attorney. Rule 1.04 Random Assignment of Cases (a) The clerks’ assignment of cases to a particular court shall be at random. (b) This rule is subject to any allocation order that may be in effect and kept on file with the District Clerk. Rule 1.05 Virtual Hearings (a) Requesting and Objecting to Virtual Hearings (1) A party may request a virtual hearing or trial, or may request that a party or witness be allowed to participate virtually, by filing a written motion prior to the announcement period for the hearing. Thereafter, any party objecting to the motion may file an objection and set it for hearing with proper notice to all parties. (b) Procedures for Virtual Hearings (1) Arrangements for virtual hearings must be made prior to the date and time of the hearing. If the court determines that a virtual hearing or trial is appropriate, the court's staff will provide the court's procedures regarding virtual hearings to those parties for whom it has email addresses, including arrangements for the hearing and how evidence will be submitted to the court if the hearing is an evidentiary hearing. Please note that each court may have different procedures for virtual hearings. (c) Discretion of Court Related to Virtual Hearings (1) The judge may, at any time, determine that a virtual hearing is not appropriate and may require an in-person hearing upon notice to all parties, or may determine that a virtual hearing is appropriate, after notice and opportunity for objections to be heard. Rule 1.06 Filing Papers (a) All pleadings, motions, notices, orders, and any other paper, document or thing made a part of the record in any civil, family law or criminal case shall be filed with the Clerk. (b) All pleadings and motions filed by counsel and self-represented parties shall comply with the “Standing Order Regarding Use of Artificial Intelligence,” and contain the “Certification Regarding Use of Artificial Intelligence”. (see appendices A and B) Rule 1.07 Resolution of Conflicting Settings Except as otherwise provided by statute: (a) Where an attorney has settings in two or more courts within Potter, Randall or Armstrong counties which conflict, preference shall be as follows: (1) Trials on the merits in any court take precedence over hearings, motions and other temporary matters in any other court; (2) All contested proceedings in any court take precedence over uncontested or status hearings, depositions, and other out of court discovery activities; and (3) All other conflicts in trial settings shall be resolved as provided in the Rules of the Ninth Administrative Judicial Region, Rule 10. (see Appendix C) Rule 1.08 Vacation of Attorneys Any attorney may reserve up to four weeks of vacation in any calendar year by sending a “vacation letter” for each case (with appropriate cause number and style) to the court coordinator and opposing counsel. Any such letter must be received by the court coordinator prior to a notice of hearing or trial setting by the court. Once a letter is on file, no hearings, depositions, or trials may be set during the reserved weeks except upon notice and hearing. If plans for a vacation are made by an attorney after a trial setting notice has been received, the attorney will immediately notify the Court and other parties with a request that the case be reset for a different time. The Court will rule on such request after giving all parties to the lawsuit an opportunity to respond to the request. Rule 1.09 Judicial Vacations/Educational Events A judge may request a visiting judge be assigned by the Presiding Judge of the Ninth Administrative Region due to vacation, sick leave, attendance at conference, or other matters. Rule 1.10 Hearings (a) At any time after the filing of an answer or entry of appearance by the opposing party, any party may request a hearing, by (1) Filing with the Court a motion requesting a hearing and an order setting a hearing, accompanied by a certificate of service to opposing counsel; or (2) Requesting the court to schedule the hearing and confirming the setting by letter addressed to the Court, a copy of which shall be served on opposing counsel in accordance with Rule 21a of the Texas Rules of Civil Procedure within 3 days of setting the hearing. (b) All requests for a setting shall include an estimate of the amount of court time required for the hearing. (c) Prior to requesting a setting, counsel shall attempt to coordinate a setting with opposing counsel. A motion requesting a setting or letter confirming a setting must include a certification that the party seeking hearing in good faith conferred or attempted to confer with the opposing party to reach an agreement on the date and time of the hearing. If a conference was not held, the certificate must explain why it was not possible to confer. Attorneys must use their best efforts to have a conference where required by this rule. (d) Failure to comply with this rule may constitute good cause for a continuance. Rule 1.11 Application for TRO and Other Ex Parte Orders (a) Counsel presenting any application for a temporary restraining order or other ex parte relief shall notify the opposing party’s counsel, or the opposing party if unrepresented by counsel in the present controversy, and make reasonable effort to provide opposing counsel or party with a copy of the application and proposed order at least 2 hours before the application and proposed order are to be presented to the Court for decision, except as provided in subparagraph (b) hereof. (b) Compliance with the provisions of subparagraph (a) hereof is not required if a verified certificate of a party or a certificate of counsel is filed with the application alleging, (1) That irreparable harm is imminent and there is insufficient time to notify the opposing party or counsel; or (2) That to notify the opposing party or counsel would impair or annul the court’s power to grant relief because the subject matter of the application could be accomplished or property removed, secreted or destroyed, if notice were required. (c) An application for a temporary restraining order or other ex parte relief should not be requested if the requested relief presents no greater burden than that imposed by the Potter, Randall, Armstrong County Standing Order (see Appendix D). Rule 1.12 Proposed Orders Other than emergency orders, or other orders specifically authorized by law to be submitted ex parte, all proposed orders should be submitted to opposing counsel(s) for agreement as to form prior to its transmittal to the Court’s queue. No proposed order should be submitted to a court’s queue unless specifically requested by the court. If counsel cannot agree the parties should schedule a hearing. Counsel should not file proposed orders before a hearing has been held. Rule 1.13 Conflicting Engagements (a) Attorney already in trial in another court: (1) When informed that an attorney is presently in trial, the attorney will notify the court where the attorney is assigned. This information will be verified upon request of opposing counsel. The case will be placed on “hold” or reset, depending on when the attorney will be released. (2) If the attorney is not actually in trial as represented by the attorney or the attorney’s agent, the case will be tried without further notice. (b) Attorney assigned to two courts for the same date: (1) It is the duty of an attorney to call the affected judges’ attention to all dual settings as soon as they are known. Any motion for continuance on the ground that an attorney is set for trial or other hearing in two or more courts on the same date shall be filed in all affected courts and shall contain case identifying information as to all conflicting settings. (2) Insofar as practicable, judges should attempt to agree on which case has priority; otherwise, the following priorities shall be observed by the judges of the respective courts: i. Criminal cases. ii. Cases given preference by statute. iii. Preferentially set cases. iv. Case set at earliest date. v. Case with earliest filing date. vi. Courts in multi-judge counties should yield to courts in rural counties in all other instances of conflicting settings. (3) In the event the affected judges cannot agree on which case has priority under the rule, the priority shall be decided by the Local Administrative Judge if the cases are pending in the same county, or the Presiding Judge of the Ninth Administrative Judicial Region in all other cases. Rule 1.14 Rules of Decorum Unless otherwise instructed by the court, all persons entering the courtroom must be dressed in clothing befitting the dignity and solemnity of the court proceedings. All lawyers must dress in business attire, and all other persons must dress business casual, at a minimum. Business casual includes neat jeans and tennis shoes. No person should wear shorts, tank tops, flip flops, or t-shirts with advertising, pictures, writing, or cartoons. Rule 1.15 Inclement Weather, Emergency and Public Health Scheduling Procedures (a) In an effort to balance constitutionally protected due process rights during an emergency with public health and safety concerns of the citizens of Potter, Randall, and Armstrong Counties, the Council of Judges has established the following procedures for conducting court business as a result of inclement weather, emergencies, or other public health concerns: (1) If the County Judge of Potter, Randall, or Armstrong County announces that County buildings will be closed, the District Courts will remain closed until the County Judge announces the reopening of the buildings (2) If Amarillo Independent School District cancels or delays classes, the Courts having hearings or trials in Potter County will be cancelled or delayed. (3) If Canyon Independent School District cancels or delays classes the Courts having hearings or trials in Randall County will be cancelled or delayed. (4) If Armstrong Independent School District cancels or delays classes the Courts having hearings in Armstrong County will be cancelled or delayed. PART II. RULES FOR DISPOSITION OF CIVIL CASES Rule 2.01 Trial Weeks (a) Jury and non-jury weeks for all trial courts for each calendar year shall be designated no later than December 31 of the preceding calendar year. (b) The “trial date” encompassed in the Rule 190 TRCP Scheduling Order will not constitute the actual trial date for the case. The “trial date” set out in the Discovery Control Plan required by Rule 190 TRCP will be considered the “trial ready” date, and shall constitute the date upon which the parties are to be ready for trial and trigger all deadlines for discovery completion under the Rules as though the date was the actual trial date. (c) Once the discovery period has expired according to the Scheduling Order, either party may request, in writing, that the case be placed on the non-jury or civil jury trial docket or the court may set the matter for trial at any time on or after the “trial date with notice to the parties if the date is not the “trial date.” Counsel requesting a setting shall further affirm in writing that all discovery has been concluded so far as counsel is aware. A copy of the request will be simultaneously served on all parties. (d) Upon receipt of a request for setting, any opposing party shall have 20 days to object in writing detailing the reasons for objection; setting party may file a written response within 10 days. (e) Once an objection is lodged, and a response (if any) is registered or 10 days have transpired, the Court upon request, or upon its own initiative, shall set a hearing as soon as feasible to address the objection, set the case, or enter such other orders as the court deems necessary or appropriate. (f) In the event a case is not reached on the docket or the trial date is reset, all pretrial deadlines in the plan shall remain firm and unchanged unless otherwise agreed by the parties or ordered by the court. (g) Any case not reached will be carried over to the next available docket. Rule 2.03 Expert Reports Required (a) Unless otherwise agreed by the parties or ordered by the court, an expert witness that is retained or specially employed to provide expert testimony in the case must provide a written report that is prepared and signed by the witness in addition to the other requirements of Tex. R. Civ. P. 194.2(f) at the time of the designation of the expert. This rule does not apply to experts designated on attorney’s fees. (b) The fees charged by the expert for preparation of the report will be paid by the party that retained the expert. Rule 2.04 Certificates of Conference (a) Unless otherwise specified below, an attorney filing a motion or plea seeking any type of relief from a court must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed. Such a conference may be by phone call, email, facsimile, letter, or by other means the attorneys have used for communication. (b) Each motion for which a conference is required must include a certificate of conference indicating that the motion is unopposed, opposed, or agreed. (c) If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed. This rule does not alleviate the requirement that a conference be held, as attorneys must use their best efforts to have a conference where required by this rule. (d) Conferences are not required for motions that will be heard by submission. Rule 2.05 Uncontested and Agreed Matters For uncontested or agreed matters, a separate motion and hearing is not required, except as otherwise provided. All uncontested or agreed matters should be presented with a proposed form of order and should reflect the agreement of all parties either (i) by personal or authorized signature on the form of the order, or (ii) in the certificate of conference on the motion. This rule does not apply to cases in which the law requires a hearing. Rule 2.06 Depositions (a) A party seeking an oral deposition must first attempt to communicate with opposing counsel to determine whether an agreement can be reached as to date, time, place, and material to be furnished at the time of deposition. (1) Failure to hold such conference or to make adequate attempts to hold such conference prior to noticing a deposition will be grounds to quash the deposition. (2) Notice of less than ten (10) calendar days under Rules 21a and 199.2(a), Texas Rules of Civil Procedure, is presumed to be unreasonable notice. (3) Any notice of deposition must include a certification substantially in the following form: “A conference was held (or attempted) with the attorney for the opposing party to agree on a date, time, place and materials to be furnished. Agreement cannot be reached (or counsel will not respond) and the deposition is therefore being taken pursuant to this notice (or agreement was reached and this notice complies with the agreement).” (b) A party objecting to the time or place designated for an oral deposition under Rule 199.4, Texas Rules of Civil Procedure, will include in the party’s objection or motion to quash (if the objection is to the time of the deposition) three alternative times within 14 calendar days of the date specified in the notice or an alternative location (if the objection is to the location of the deposition). Rule 2.07 Dismissal for Want of Prosecution (a) The courts will periodically give notice of their intention to dismiss a cause of action for want of prosecution. Such notice will be given at least sixty (60) days prior to the signing of a dismissal order. (b) The clerk shall provide notice of the court’s intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure and through electronic service to those attorneys and individuals who are registered with the e-filing system for the case subject to dismissal. PART III. RULES FOR DISPOSITION OF FAMILY LAW CASES Rule 3.01 Standing Orders in Cases Involving the Dissolution of Marriage and Suits Filed Under Family Code Title 5 The standing order attached to these rules as Appendix D shall apply as stated in that order. PART IV. BANKRUPTCY PROCEEDINGS Bankruptcy (a) Notice of Filing (1) Whenever any party of litigation in these courts files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party’s counsel in these courts: (i) to promptly notify the affected court(s) by telephoning the Court Coordinator; and (ii) within three (3) days of any bankruptcy filing, to provide written notice to the affected court(s) and all counsel that a bankruptcy has occurred giving 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 bankrupt. (2) Compliance with this rule will enable the Courts to pass over cases affected by bankruptcy and to try other cases on the docket. (3) Failure to comply with this rule may be punished by sanctioning counsel and, in appropriate cases, the party once the bankruptcy is concluded. (b) Conclusion of Bankruptcy (1) Once a bankruptcy has been concluded, whether by discharge, denial of discharge, dismissal or otherwise, counsel shall promptly notify the Court Coordinator so that the affected cases may be restored to the active docket or be dismissed as may be appropriate. ADOPTION OF RULES These rules are adopted by the District Court and County Court at Law Judges of Armstrong County, Potter County, and Randall County, Texas on the 1 day of November, 2024. [signature] Dee Johnson, Judge Presiding 47th District Court [signature] Walt Weaver, Judge Presiding County Court at Law #1, Potter County [signature] Douglas R. Woodburn, Judge Presiding 108th District Court [signature] Matthew Hand, Judge Presiding County Court at Law #2, Potter County [signature] Titiana D. Frausto, Judge Presiding 181st District Court [signature] James Anderson, Judge Presiding County Court at Law #1, Randall County [signature] Ana E. Estevez, Judge Presiding 251st District Court [signature] Matthew Martindale, Judge Presiding County Court at Law #2, Randall County [signature] Steven Denny, Judge Presiding 320th District Court [The registered file continues with four appendices: Appendix A, the Standing Order Regarding Use of Artificial Intelligence, with Appendix B, the Certification Regarding Use of Artificial Intelligence (published together as a separate rule); Appendix C, the Regional Rules of Administration of the Ninth Administrative Judicial Region (published separately as the region's rules); and Appendix D, the standing order regarding children, property and conduct of the parties for suits filed on or after April 8, 2020 (the district courts and county courts at law adopted a later standing order on January 21, 2025, published separately) - not reproduced here.]
LOCAL ADMINISTRATIVE RULES DISTRICT COURTS & COUNTY COURTS-AT-LAW OF ARMSTRONG, POTTER, AND RANDALL COUNTIES, TEXAS Adopted by the Board of Judges Effective November 1, 2024 ARMSTRONG, POTTER, AND RANDALL COUNTIES LOCAL RULES PART I. GENERAL RULES Rule 1.01 Title, Scope, Authority, and Application of Local Rules (a) These rules are the Local Rules of Court of Armstrong County, Potter Count
Reviewer note: Composed 2026-09-25 (AJR-9 Ninth Region build) from BenchPath custody probe/topics9/2108.pdf (application/pdf, 2071077 bytes, sha256 8b3ff740c049ef50c697f2d265895d9b13ec6f67f12601d7e63c8e4668450809; 25 pages) - the TOPICs-registered document: transcribed from the rendered pages of the scanned PDF (the machine OCR layer was not relied on), every page read against the render; signature, seal and file-stamp blocks bracketed. Sibling row: the instrument names Randall County; its registration is TOPICs 2108 (Potter County). Registered by Potter County; the rules govern the district courts and county courts at law of all three counties, whose Armstrong and Randall rows cite the Potter registration. Armstrong, Potter and the 181st District Court's website also post the rules. Printed wording kept as printed ("ARMSTORNG", "108ST DISTICT COURT").