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Local rules of the 506th District Court and the Waller County Courts at Law: application, jurisdiction and assignment of cases, filing and setting procedures, discovery and pre-trial requirements, trial settings and continuances, and court administration.
Texas > Second Administrative Judicial Region > Waller County > 506th District Court and County Courts at Law.
LOCAL RULES OF THE COURTS OF WALLER COUNTY, TEXAS 506th JUDICIAL DISTRICT & WALLER COUNTY COURTS AT LAW TABLE OF CONTENTS Rule 1 Application, Jurisdiction and Assignment of Cases (1) Rule 1.1 Application (1) Rule 1.2 Jurisdiction (1) A. Exclusive Jurisdiction Regarding District Court (1) B. Concurrent Jurisdiction with County Courts At Law (1) Rule 1.3 Assignment of Cases (1) A. Assignment (1) B. Assignment of Exclusive Jurisdiction Cases (1) C. Assignment of Concurrent Jurisdiction Cases (2) Rule 2 Local Administrative Judge and Rules of Decorum (2) Rule 2.1 Powers and Duties of Local Administrative Judge (2) A. Administrative Judge (2) B. Duties (2) Rule 2.2 Board of Judges (2) A. Application (2) B. Establishment and Administration of Board of Judges (2) Rule 2.3 Rules of Decorum (3) Rule 3 Civil Cases (3) Rule 3.1 General (3) Rule 3.2 Transfer of Cases; Docket Exchange; Bench Exchange (3) A. Transfer (3) B. Exchange of Cases and Benches (3) C. Previous Judgment or Filing (3) D. Consolidation (3) E. Severance (4) F. Presiding for another Judge (4) G. Removal to District Court (4) H. Default Cases (4) Rule 3.3 Service of Process (4) Rule 3.4 District Clerk & County Clerk (4) A. Telephone Requests (4) B. Pro Se (4) Rule 3.5 Guardians and Attorneys Ad Litem (4) Rule 3.6 Docket Settings (5) A. Setting Requests (5) B. Docket Control Orders (5) C. Calendars (5) Rule 3.7 Pre-Trial Motions (5) A. Pre-Trial Motions (Non Summary Judgment and Non Rule 91(a)) (5) B. Pre-Trial Motions (Rule 91(a)) (7) C. Pre-Trial Motions (Summary Judgment) (7) Rule 3.8 Alternate Dispute Resolution and Mediation (8) A. Alternate Dispute Resolution (8) B. Mediation (8) Rule 3.9 Continuances (8) Rule 3.10 Settlements (8) Rule 3.11 Jury Charge, Definitions, Instructions and Questions (8) Rule 3.12 Voir Dire (9) Rule 3.13 Dismissal Docket; Involuntary Dismissals (9) A. Dismissal Dockets (9) B. Notice (9) C. Motion to Retain (9) D. Motion for Reinstatement (9) Rule 4 Family Law Cases (10) Rule 4.1 General (10) Rule 4.2 Time Standards for Family Law Case Disposition (10) Rule 4.3 Juvenile Cases (10) Rule 4.4 Department of Family and Protective Services (DFPS) Cases (10) Rule 4.5 Attorney General Cases (10) Rule 4.6 Policies & Procedures (10) Rule 4.7 Child Support Disbursement Unit (10) Rule 5 Criminal Cases (11) Rule 5.1 Grand Juries and Assignment of Cases (11) A. Grand Juries (11) B. Grand Jury Minute Book (11) C. Assignment of Cases after Indictment (12) D. New Indictments after Assignment (12) E. Re-Indictments (12) F. Co-Defendant Indictment (12) G. Information to the District Clerk (12) H. Assignment of Misdemeanor Cases after Information (12) Rule 5.2 Bonds (12) Rule 5.3 Bond Surrender (12) Rule 5.4 Bond Forfeiture (13) Rule 5.5 Post Conviction Proceedings (13) Rule 5.6 Arraignment (13) Rule 5.7 Scheduling Order (13) Rule 5.8 Standing Discovery Order (13) Rule 5.9 Pretrial Hearing (13) Rule 5.10 Docket Call (13) Rule 5.11 Motions for Continuance (13) Rule 5.12 Standing Order in Limine (14) Rule 5.13 Voir Dire (14) Rule 5.14 Fair Defense Act (14) Rule 6 Conflicting Engagements of Attorneys (14) A. Attorney already in Trial in another Court (14) B. Attorney assigned to two Courts for the same date (14) C. Designation of Attorney in Charge (15) Rule 7 Attorney Vacations (15) A. Designation of Vacation (15) B. Summer Vacations (15) C. Non-Summer Vacations (15) Rule 8 Lawyer's Creed (15) Rule 9 Adoption, Approval and Notice (16) Rule 9.1 Adoption (16) Rule 9.2 Approval (16) Rule 9.3 Notice (16) Local Rules of the 506th District Court & County Courts At Law of Waller County PURPOSE The Local Rules of the 506th District Court & County Courts At Law (CCL) of Waller County have as their primary purpose the management of the court dockets in a fair, just, equitable and impartial manner. These rules are designed to be an aid in achieving that goal and to do so in a timely and economical manner. RULE 1 APPLICATION, JURISDICTION AND ASSIGNMENT OF CASES RULE 1.1 APPLICATION These rules apply to all cases, civil and criminal, and family, of which the 506th District Court has exclusive jurisdiction, and concurrent jurisdiction with the County Courts At Law of Waller County, as well as to all cases over which the County Courts At Law of Waller County have exclusive jurisdiction. RULE 1.2 JURISDICTION A. Exclusive Jurisdiction Regarding District Court Exclusive jurisdiction of 506th District Court encompasses matters defined by the constitution, statute or case law as the sole province of the 506th District Court or District Courts in general. B. Concurrent Jurisdiction with County Courts At Law Concurrent jurisdiction of the 506th District Court with the Waller County Courts At Law is set forth in Sections 25.0003 and 25.2391-25.2392 of the Texas Government Code, as well as the exclusive jurisdiction of the County Courts At Law. RULE 1.3 ASSIGNMENT OF CASES A. Assignment The District and County Clerks shall assign cases as specifically instructed by the Board of Judges. B. Assignment of Exclusive Jurisdiction Cases The District Clerk shall assign cases of exclusive jurisdiction to the District Court. Examples of such cases include, but are not limited to, the following: 1. Capital murders; 2. Criminal cases involving official misconduct; 3. Election contest; 4. Suits on behalf of the State of Texas to recover penalties or escheated property; and 5. Cases involving title to land. C. Assignment of Concurrent Jurisdiction Cases The District Clerk and County Clerk shall assign the following type cases involving concurrent jurisdiction to the District Court and/or the County Courts At Law as outlined below: 1. Any and all odd-numbered cases arising under the Texas Family Code shall be assigned to the County Court At Law No. 1; 2. Any and all even-numbered cases arising under the Texas Family Code shall be assigned to the County Court At Law No. 2; 3. Any and all Department of Family & Protective Services (DFPS) cases shall be assigned to the County Court At Law No. 1; 4. Any and all Juvenile cases shall be assigned to the County Court At Law No. 1; 5. Any and all Probate cases or cases under the Texas Estates Code shall be assigned to the County Court At Law No. 2; 6. Any and all Criminal Misdemeanor cases shall be assigned to the County Court At Law No. 1; 7. Any and all Civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000 shall be assigned to the County Court At Law No. 2; 8. Any and all Eminent Domain cases shall be assigned to the County Court At Law No. 2; 9. Any and all Civil cases in which the matter in controversy exceeds $250,000 shall be assigned to the County Court At Law No. 2; 10. Any and all felony cases shall be assigned to the 506th District Court; 11. Any and all Tax cases shall be assigned to the 506th District Court; and 12. Cases involving co-defendants or multiple defendants shall be assigned to the same court based upon the lowest cause number assigned to all defendants. RULE 2 LOCAL ADMINISTRATIVE JUDGE & RULES OF DECORUM RULE 2.1 POWERS AND DUTIES OF LOCAL ADMINISTRATIVE JUDGE A. Administrative Judge Pursuant to Section 74.091 of the Texas Government Code, the Judge of the 506th District Court in Waller County is the Local Administrative District Judge and the Judge of the County Court At Law No. 1 is the Local Administrative County Court At Law Judge. B. Duties The Local Administrative District Judge and the Local Administrative County Court At Law Judge will have the duties and responsibilities provided in Rule 9 of the Rules of Judicial Administration, the Regional Administrative Rules and these rules. RULE 2.2 BOARD OF JUDGES A. Application These Rules apply to all cases over which the 506th District Court and County Courts At Law of Waller County, Texas have jurisdiction. Nothing in these rules shall operate to expand the jurisdictional limitation of the courts as defined by statute. B. Establishment and Administration of Board of Judges The Board of Judges shall consist of the Judges of the District Courts and the Judges of the County Courts At Law Courts. The board shall meet to discuss and resolve questions that are of common concern to all of the members thereof. The Local Administrative District Judge or any member of the Board of Judges may call meetings of the board as needed. The Local Administrative District Judge shall preside over such meetings; and in his/her absence, a temporary Chairperson may be elected by a majority of the quorum. A majority of the quorum of the Board of Judges is required before any action of the Board of Judges may take place. RULE 2.3 RULES OF DECORUM The Judges have a duty to maintain order and proper decorum in the courtroom. Both the 506th District Court and the County Courts At Law of Waller County have adopted Rules of Decorum set forth and posted on each of the Courts respective webpages. These rules shall apply to all attorneys and others appearing in the courtrooms of Waller County. The rules may be enforced by contempt or referral to the State Bar of Texas for grievance proceedings, or both, as the judges of the 506th District Court and/or County Courts At Law judges deem proper. RULE 3 CIVIL CASES RULE 3.1 GENERAL All civil cases in which the matter in controversy exceeds $250,000 and all Family Law cases (including Department of Family & Protective Services (DFPS) cases) shall be efiled with the District Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above. All civil cases in which the matter in controversy exceeds $500 but does not exceed $250,000, probate cases and cases filed under the Texas Estates Code, and Juvenile cases shall be efiled with the County Clerk's office and assigned amongst the courts as outlined in Rule 1.3 above. RULE 3.2 TRANSFER OF CASES; DOCKET EXCHANGE; BENCH EXCHANGE A. Transfer After assignment to a particular court per Rule 1.3 above, a case may be transferred to another court by order of the judge of the court in which the case is pending with the consent of the judge of the court to which it is transferred, as long as the court to which it is being transferred has jurisdiction or unless the transfer is approved by the Presiding Judge of the Second Judicial Region. B. Exchange of Cases and Benches The courts may at any time after assignment to a particular court per Rule 1.3 above, exchange cases and benches with the consent of the judges involved in said exchange to accommodate their dockets or to expedite the court's trials, as permitted by law. C. Previous Judgment or Filing Any claim for relief based upon a previous judgment shall be assigned to the court of original judgment. If a case is filed in which there is a substantial identity of parties and causes of action in a previously non-suited case, the later case shall be assigned to the court where the prior case was pending. D. Consolidation 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. If the two cases being consolidated are in more than one court, the Board of Judges shall decide which court shall preside over the consolidated cases. E. Severance If a severance is granted, the new case will be assigned to the court where the original case is pending; however, a new file date and a new cause number will be assigned to the now severed case. F. Presiding for another Judge In all cases where a judge presides for another court, the case shall remain pending in the original court. G. Removal to District Court A case that has been assigned to a County Court At Law in error, because the subject matter is within the exclusive jurisdiction of the District Court, will be returned to the District Clerk for reassignment. H. Default Cases Default judgments, or other uncontested matters, may be heard by either the 506th District Judge or one of the Judges of the County Courts At Law, if the judge assigned the case is unavailable, subject to the requirements of jurisdiction. RULE 3.3 SERVICE OF PROCESS Process (including citation and other notices, writs, orders, and other papers issued by the court) may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the Supreme Court. RULE 3.4 DISTRICT CLERK & COUNTY CLERK A. Telephone Requests The court clerk shall limit response to telephone requests for information to the following: Whether or not a specific document has been filed (i.e. answer). This does not authorize a fishing expedition. Existence of case on file. Return of service and date. Correct style of case when correct case number is supplied. If an order has been signed. Whether or not a jury fee has been paid and date of payment. B. Pro Se All pro se parties upon filing any petition or responsive pleading should provide an email address for service via efile, as well as address and current phone number. Any party unable to provide such information above must file a pleading requesting an exception to this rule. RULE 3.5 GUARDIANS AND ATTORNEYS AD LITEM When it is necessary for the court to appoint a guardian ad litem for minor or incompetent parties or an attorney ad litem for absent parties, independent counsel, not suggested by any of the parties or their counsel, will be appointed. However, the court may appoint an attorney who is already counsel of record for one of the parties if the court finds that no conflict of interest or other circumstances exist which would prevent such attorney from providing adequate representation for such minor, incompetent or absent defendant. RULE 3.6 DOCKET SETTINGS A. Setting Requests Requests for hearings and trials in the 506th District Court and in the County Courts At Law Court shall be made in writing to each respective court through the court coordinator of each respective court, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the setting request. The setting request shall be in the form as posted on the Court's webpage for each respective court. If the setting request is approved, the court coordinator will confirm the setting in writing. B. Docket Control Orders Each court may generate docket control orders for each civil case pending. Upon approval of a docket control order the parties shall submit a setting request to the Court Coordinator for any trial setting. The 506th District Court and the County Courts At Law have their own setting request forms that can be obtained from each Court's respective webpage. C. Calendars The 506th District Court and the County Courts At Law have set calendars for each calendar year that set forth the availability of the respective courts for trials or other hearings in Waller County. The 506th District Court and the County Courts At Law calendars may be found and viewed on each Court's respective webpage. RULE 3.7 PRE-TRIAL MOTIONS A. Pre-Trial Motions (Non Summary Judgment and Non Rule 91(a)) Form Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument. Response Responses shall be in writing. Responses shall be filed before the hearing date. Failure to file a response may be considered a representation of no opposition. A reply may be filed at any time after a response is filed prior to the court's ruling. Certificate of Conference Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court. Submission Guidelines (See each Court's respective Webpage for detailed instructions) The following type of matters may be filed by submission without the need for a hearing: 1. All matters that may be submitted by agreement of all parties. On such fully agreed matters, the Court will sign the Order on presentment without a submission period. Such matters must show the signatures of all counsel or pro se parties. The heading of the motion shall state that it is agreed. For example, "Agreed Motion for Extension of Time for Mediation." 2. Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need of a hearing. By representing a matter as unopposed, counsel is certifying to the Court that opposing counsel is aware of the matter and has no objection to its entry. The Court will sign the Order on presentment after a 3-day submission period. The heading of the motion shall state that it is unopposed. For example, "Unopposed Motion for Substitution of Counsel. " 3. In this subsection, "filing" refers to the date of the filing of the Notice of Submission. Other motions and applications that may be submitted to the Court without a hearing, and the time periods required for submission, are as follows: Continuance: 10-days notice after filing. Substitution of Counsel: 3-days notice after filing. If substitution will affect any hearing or trial setting, 10-days notice will be required. Motion To Withdraw: Without client consent: 10-days notice after filing. With signed client consent: immediate submission. Motion for Entry of Order: 10-days notice after filing. Special Exceptions: presentment without hearing: 10-days notice after filing. Substituted Service: Immediate submission. Citation by Publication: Immediate submission. Appointment of Ad Litem: Immediate submission. Motion for Leave to Designate Responsible Third Party: 10-days after filing. Nonsuit or Dismissal: Immediate submission. This is predicated on the motion being filed by the party seeking affirmative relief. Counsel is presumed to know whether the opposing side has pleadings on file seeking affirmative relief. Ex parte matters: When service has not been effected or prior to an appearance, ex parte matters may be submitted immediately to the Court for consideration. The Court will determine whether a hearing will then be required and notify the requesting party accordingly. Default Judgments: 3-days notice after filing of the Motion, with the Motion submitted at any time following 15-days after the answer date. The reason for the delay after answer date is to insure that all probable methods of delivery of a response have been exhausted. The moving party may use a Notice of Submission or a letter of submission to bring the matter to the Court's attention. Please provide your proposed order along with your Motion for Default Judgment. Tax Cases and Application for Excess Proceeds. Other matters: With consent of the Court. Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter. Responses must be in the Clerk's file prior to the submission date or they will not be considered. Please see Court Quirks on the 506th District Court's and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel. After consideration of submitted matters the Court may elect to set a hearing on the matter. In that event, the Court Coordinator will attempt to set a mutually acceptable date for the hearing, as soon as practicable. Due to the limited docket days in rural counties, that is not always possible. B. Pre-Trial Motions (Dismissal of Baseless Causes of Action Rule 91(a) TRCP) Motion The motion shall state either that that the cause of action should be dismissed on the grounds that it has no basis in law or fact or both. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific law that if the allegations, taken as true, together with inferences reasonably drawn from them, do not entitle the claimant to relief sought. If claim is to dismiss on the grounds that there is no basis in law, the motion shall state the specific facts that show that no reasonable person could believe the facts that have been plead. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the pleadings and evidence that show the Rule 91(a) motion should be granted. Response The response shall address the motion in the same numerical order established in the motion for Dismissal of Baseless Causes of Action under Rule 91(a). Any response shall state the specific law and/or facts relied upon, identify any allegations, inferences drawn from and/or specific facts relied upon to defeat the motion, and specify where in the pleadings the allegations, inferences drawn from and/or specific facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the allegations, inferences drawn from and/or specific facts pled. Submission Guidelines for Motions for Dismissal of Baseless Causes of Action Rule 91(a) TRCP (See 506th District Court's Webpage for detailed instructions) Motions for Dismissal of Baseless Causes of Action under Rule 91(a) TRCP may be filed under submission. The Court will follow Rule 91(a) TRCP for submission filings regarding motions for dismissal of baseless causes of action. Please see Court Quirks on the 506th District Court Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel. After consideration of submitted matters the Court may elect to set a hearing on the matter. In that event, the Court Coordinator will attempt to set a mutually acceptable date for the hearing, as soon as practicable. Due to the limited docket days in rural counties, that is not always possible. C. Pre-Trial Motions (Summary Judgment Rule 166(c) TRCP) Motion The motion shall state the specific grounds thereof in numerical order and shall state the specific facts relied upon in each ground, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The motion shall contain a clear and concise argument for each ground with appropriate citations to authorities relied upon and specific references to the summary judgment evidence. Response The response shall address the motion in the same numerical order established in the motion for summary judgment. The response shall state the specific facts relied upon, identify the source of those facts, and specify where in the summary judgment evidence the facts are found. The response shall set out a clear and concise argument with appropriate citations to authorities relied upon and specific references to the summary judgment evidence. Submission Guidelines for Summary Judgment Rule 166(b) TRCP (See each Court's respective Webpage for detailed instructions) Motions for Summary Judgment Rule 166(b) TRCP may be filed under submission. The Court will follow Rule 166(b) TRCP for submission filings regarding motions for summary judgment, save and except, the 21 day notice to opposing counsel requirement under section (c) of Rule 166(a) of the TRCP is extended to 30-days after filing for both standard and no-evidence motions for summary judgment. This will allow the 21-day notice, plus additional time for weekends, holidays and mailing to take effect. For additional information on filing motions for summary judgment by submission see the 506th District Court's Webpage. Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter. Responses must be in the Clerk's file prior to the submission date or they will not be considered. Please see Court Quirks on the 506th District Court and each County Court At Law's Webpage regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel. After consideration of submitted matters, the Court may elect to set a hearing on the matter. In that event, the Court Coordinator will attempt to set a mutually acceptable date for the hearing, as soon as practicable. Due to the limited docket days in rural counties, that is not always possible. RULE 3.8 ALTERNATE DISPUTE RESOLUTION AND MEDIATION A. Alternate Dispute Resolution In order to encourage the early settlement of disputes and to carry out the responsibilities of the courts as set out in Chapter 154 of the Texas Civil Practices and Remedies Code, appropriate alternative dispute resolution procedures will be encouraged and utilized. B. Mediation The courts encourage mediation in order to facilitate the settlement of disputes and litigation. See each Court's respective webpage for the Court's procedure for the use of mediation in all civil cases. It is in the sound discretion of the trial court whom to use as a mediator and the procedures for same. RULE 3.9 CONTINUANCES Any motion for continuance of the trial setting shall be presented to the court pursuant to the Texas Rules of Civil Procedure. The proposed order granting or denying such motion shall contain a provision for resetting the case for trial on a specific date and time. RULE 3.10 SETTLEMENTS All trial counsel are required to make a bona fide effort to settle cases at the earliest possible date before trial. The court will expect counsel to confer with his/her client and with opposing counsel concerning settlement offers. When an attorney settles or dismisses a case that is set for trial, he shall give notice to the court as soon as possible. RULE 3.11 JURY CHARGE, DEFINITIONS, INSTRUCTIONS AND QUESTIONS Each party shall prepare in proper written form and present to the Court prior to trial or the jury selection all jury charge definitions, instructions and questions which are expected to be raised by the pleadings and evidence and upon which the party has an affirmative burden. The charge shall be provided in both written form and via email, flash drive or other electronic form specified by the court. RULE 3.12 VOIR DIRE The District and County Clerk in Waller County shall align the Juror Information Cards in numerical order and seat the panel in numerical order. The judge will qualify the panel and accept or reject any excuses. After the final panel is determined, the attorneys must make their decision on whether or not a shuffle will be requested. The Court will recess the panel to give the clerk time to copy the jury cards and to make a new list of names of jurors, either in shuffled order or in numerical order. When the new list is completed and cards copied the clerk will re-seat the jury according to the list and voir dire will begin. The attorneys and judge will be furnished a copy of the list and jury information cards. Challenges for cause will be made after all parties have completed their voir dire examination of the panel. After all counsel have completed their voir dire examination, the attorneys will be asked to approach the bench. Counsel will be asked in turn for the juror number of the jurors whom they wish to challenge for cause. If, in the opinion of the Court, sufficient evidence has been adduced to support a ruling, the challenge will be granted or denied without further questions. Otherwise, the panel member will be called to the bench for further questioning. The panel member will then be excused immediately or asked to return to their seat. The panel member asked to return to their seat may be excused at a later time. If any panel member responds to questions during voir dire examination in a manner which makes it clear that they possess such strong opinions that a challenge for cause would clearly be appropriate, and there exists a possibility that further responses may "poison" the entire panel, counsel should diplomatically terminate the inquiry and avoid further inquiries in the presence of the panel. If adverse counsel has a good-faith belief that the panel member can be rehabilitated, it will be pursued on an individual basis after the general voir dire examination. Counsel will be allowed to tell the panel what their contentions are in order to provide a context for their voir dire examination. Detailed recitations of facts should be reserved for opening statement. If panel members ask counsel about the existence of insurance or any other specific factual matter, counsel should direct the question to the Court. RULE 3.13 DISMISSAL DOCKET; INVOLUNTARY DISMISSALS A. Dismissal Dockets All cases not brought to trial or otherwise disposed of which have been on file for a time period determined by the Court to be excessive in time, indicating the case is not being prosecuted timely, shall be placed on the dismissal docket by the Court. B. Notice When a case has been placed on the dismissal docket, the Court shall promptly send notice of the Court's intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file. A copy of such notice shall be filed with the papers of the cause. C. Motion to Retain Unless a written motion to retain has been filed prior to the dismissal date, as set forth in the notice of intention to dismiss, such case shall be dismissed. Notice of the signing of the order of dismissal shall be given as required by Rule 165a of the Texas Rules of Civil Procedure. Failure to mail notices as set out above shall not affect any of the periods mentioned in Rule 306 (a) of the Texas Rules of Civil Procedure except as provided in that rule. D. Motion for Reinstatement A motion for reinstatement after dismissal shall follow the procedure and be governed by the provisions of Rule 165a of the Texas Rules of Civil Procedure relating to reinstatement. RULE 4 FAMILY LAW CASES RULE 4.1 GENERAL The filing, assignment, and transfer of cases under the Family Code shall be in accordance with Rule 1 of these rules. All cases filed pursuant to the Family Code, shall be governed by Rule 3 and 4 of these rules. RULE 4.2 TIME STANDARDS FOR FAMILY LAW CASE DISPOSITION Contested cases shall be tried or dismissed within 6 months from the appearance date or within 6 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later. Uncontested cases shall be tried and or dismissed within 3 months from appearance date or within 3 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later. Cases not concluded within these time periods will be placed on the Dismissal For Want of Prosecution Docket. RULE 4.3 JUVENILE CASES The Juvenile Board of Waller County has designated the County Court At Law No. 2 as the Juvenile Court of Waller County and has named the Judge of the County Court At Law No. 2 as the Chairperson of the Juvenile Board of Waller County. Rules for the disposition of juvenile cases will be adopted by the Juvenile Court in conformity with Rule 1 of the Second Administrative Judicial Region of Texas Regional Rules of Administration and Title 3 of the Texas Family Code. These cases shall be filed in the County Clerks' office pursuant to rules established by the Juvenile Judge and County Clerk, copies of these rules may be obtained from the Juvenile Judge. RULE 4.4 DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES (DFPS) CASES Disposition of Texas Department of Family and Protective Services (DFPS) cases shall be in conformity with those provisions set forth in Title 5 of the Texas Family Code. These cases shall be filed with the District Clerk's office and heard in the County Court At Law No. 1 of Waller County. RULE 4.5 ATTORNEY GENERAL CASES Disposition of Attorney General Cases shall be in conformity with the Texas Family Code, but will be heard by the Attorney General Associate Judge appointed by the Second Judicial Region Presiding Judge. RULE 4.6 POLICIES & PROCEDURE All policies and procedures involving family law cases including but not limited to Protective Orders, Ex Parte Orders, Temporary Restraining Orders, Certificate of Conference Requirements, Parenting Classes, Discovery, Mediation, Pre-Trial and Trial matters can be found on each County Court At Law's respective webpage. Each County Court At Law Judge's policies and procedures provided on their respective webpage are required to be adhered to and are made apart of and incorporated into these local rules for all intents and purposes. 4.7 CHILD SUPPORT DISBURSEMENT UNIT All child support payments will be made to State Disbursement Unit. RULE 5 CRIMINAL CASES RULE 5.1 GRAND JURIES AND ASSIGNMENT OF CASES A. Grand Juries The 506th Judicial District Court shall select and impanel the Grand Jury for both the January and July term of court for Waller County. The grand juries in Waller County shall hold all of their meetings in the room designated by the 506th District Judge or in another designated area that complies with Texas law. The Grand Jury shall be impaneled in accordance with Article 19A of the Code of Criminal Procedure. B. Grand Jury Minute Book The rules regarding presentment of indictments by a Grand Jury to the 506th District Court are set forth in Articles 20.21 and 20.22 of the Code of Criminal Procedure. Article 20.21 requires that the Foreperson of the Grand Jury shall deliver the indictments to the Judge or District Clerk and that at least nine members of the grand jury must be present when the delivery is made. Article 20.22 requires that the fact of presentment be entered upon the minutes of the court. The "minutes of the court" are contained in the Grand Jury Minute Book. The Grand Jury Minute Book shall remain in the custody of the District Clerk at all times except when the Grand Jury is in session. The Grand Jury Minute Book is not a secret book or document. When the Grand Jury begins a session, the District Clerk shall have all members present sign the Grand Jury Minute Book as proof of their presence at the session and to make a record of the fact that a quorum was present at the session. The District Clerk shall then deliver the book to the Secretary of the Grand Jury. When a true bill of indictment is voted in the affirmative by at least nine members of the Grand Jury, the following information shall be entered by the Secretary of the Grand Jury in the Grand Jury Minute Book, and nothing else, to wit: 1. the date of the session; 2. name of the person indicted; 3. offense; and 4. names of the witnesses upon which the indictment is founded. If the defendant is not in custody or under bond at the time of the presentment of the indictment, upon request of the District Attorney, the entry of the name of the defendant in the book may be delayed until such time as the capias is served and the defendant is placed in custody or under bond, at which time the name of the defendant will be entered in the book by the District Clerk. It is the duty of the District Clerk to verify that the indictments delivered to the clerk conform with the information contained in the Grand Jury Minute Book. If there is a variance, it should be called to the attention of the Secretary, Foreperson and District Attorney immediately. When a defendant is "no-billed", meaning that a case was presented to the grand jury regarding an individual and less than nine affirmative votes were given for a true bill of indictment, a Certificate of No-Bill shall be signed by the Foreperson certifying that the case was presented to the Grand Jury and that a no-bill was returned. The District Clerk shall handle the certificates as follows: 1. Defendant Under Arrest: If the defendant is under arrest, a copy of the certificate shall be delivered to the Sheriff and the defendant immediately. 2. Defendant Under Bond: A copy of the certificate shall be delivered to the surety (bondsman) and the defendant immediately. 3. All other certificates shall be held by the clerk under seal, unless ordered released by the 506th District court. C. Assignment of Cases After Indictment All felony indicted cases shall be assigned to the 506th District Court as provided in Rule 1.3 above, unless the 506th District Court is disqualified and/or the 506th District Court recuses itself regarding a specific case, at which time the Presiding Judge of the Second Judicial Region shall appoint another judge to hear that case. D. New Indictments After Assignment After assignment, the clerk shall assign any new indictment against a defendant to the same court. E. Re-indictments The clerk shall assign any re-indictment of the same defendant to the same court in which the prior indictment was assigned. F. Co-Defendant Indictment The clerk, after assignment of an indictment to a court shall assign any co-defendant subsequently indicted to the same court in which the first co-defendant's indictment was assigned. G. Information to the District Clerk The District Attorney shall note on a non-substantive part of the indictment the following information: Whether there are other pending, indicted cases on the defendant; Whether the indictment is a re-indictment and; The names of any co-defendants not named in the indictment. The District Attorney shall also furnish the clerk information in writing as to whether or not a non-standard bond will be sought by the State and the factors supporting same. H. Assignment of Misdemeanor Cases After Information All misdemeanor cases after information filed shall be assigned to the County Court At Law No. 1 unless the County Court At Law No. 1 is disqualified and/or the County Court At Law No. 1 recuses itself regarding a specific case, at which time the Presiding Judge of the Second Judicial Region shall appoint another judge to hear that case. RULE 5.2 BONDS Bonds will be set on each criminal case in accordance with Chapter 17 of the Code of Criminal Procedure. The court may also, in a proper case, dispense with the requirement of sureties and require only a personal bond or a personal recognizance bond regarding the defendant, with or without conditions. RULE 5.3 BOND SURRENDER Sureties requesting a release on their liability on a Bail Bond must complete an Affidavit to Release Surety and present the completed affidavit along with an Order of Surrender to the Court in which the case of the defendant is currently pending. RULE 5.4 BOND FORFEITURE Bonds will be forfeited on all defendants who do not appear in court when scheduled or otherwise ordered to appear in court. The name of the defendant will be called three times at the courtroom door by the Bailiff and if there is no answer the bond will be forfeited and a capias issued by the clerk for his arrest. It is the duty of the Clerk of the Court to prepare a Judgment Nisi with the aid of the District Attorney. The Judgment Nisi proceedings will be docketed as a civil matter in the court that ordered the forfeiture and the defendant and his sureties shall be served with citation. After the surety files an answer or defaults, the Clerk of the Court shall notify the proper court coordinator for a trial setting to be docketed. The sureties shall be given forty-five days advance notice of any trial setting. RULE 5.5 POST CONVICTION PROCEEDINGS The clerk shall file any motion to revoke probation or any post-conviction application for writ of habeas corpus in the court having granted probation or entered the judgment in the case. RULE 5.6 ARRAIGNMENT Defendants shall be arraigned at the earliest possible time after indictment. Presence of the defendant is mandatory at arraignment unless excused by the court or counsel for defendant has filed a written waiver of arraignment prior to the date of the arraignment. At arraignment, a scheduling order shall be entered setting discovery deadlines, dates of pretrial hearing, docket call and trial date. RULE 5.7 SCHEDULING ORDER Each court will adopt a scheduling order that shall be delivered to the defendant and counsel at arraignment. The defendant and his counsel and counsel for the state shall sign the scheduling order. RULE 5.8 STANDING DISCOVERY ORDER The State of Texas is hereby ordered to furnish discovery to the defendant as provided in Article 39.14 of the Code of Criminal Procedure. Said discovery shall be furnished no later than seven (7) days prior to the pretrial hearing as set forth herein. Counsel for defendant shall register for the e-discovery portal with the Waller County District Attorney's office for discovery and accept discovery in that format. The 506th District Court and the County Court At Law No. 1 has a Standing Discovery Order for Criminal Cases. The Standing Discovery Order as posted on each of the Court's respective webpage shall apply to all criminal cases tried in the 506th District Court and the County Court At Law No. 1 of Waller County and should counsel desire that additional matters be included, a motion will be required. RULE 5.9 PRETRIAL HEARING The pretrial hearing shall be held in a timely manner and the pretrial hearing date shall be provided by the Court as part of the scheduling order after all status hearing dates have been exhausted. All matters preliminary to actual trial on the merits must be brought to the attention of the court at the pretrial hearing. RULE 5.10 DOCKET CALL The court coordinator shall prepare a list of all cases on the trial docket. The defendant and his counsel shall be present and announce ready or not ready. RULE 5.11 MOTIONS FOR CONTINUANCE All motions for continuance, whether filed by the State or the defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the court in accordance with the scheduling order. Except for good cause shown and upon compliance with these rules, the court shall not consider any motion for continuance on the scheduled trial date. RULE 5.12 STANDING ORDER IN LIMINE The 506th District Court has a Standing Order in Limine for criminal felony cases. The Standing Order in Limine as posted on the Court's webpage shall apply to all criminal cases tried in the 506th District Court and should counsel desire that additional matters be included, a motion will be required. The County Court at Law No. 1 has a Standing Order in Limine for criminal misdemeanor cases. The Standing Order in Limine as posted on the Court's webpage shall apply to all criminal misdemeanor cases tried in the County Court At Law No. 1 and should counsel desire that additional matters be included, a motion will be required RULE 5.13 VOIR DIRE The District and County clerk shall align the Juror Information Cards in numerical order and seat the panel in numerical order. The judge will qualify the panel and accept or reject any excuses. After the final panel is determined, the attorneys must make their decision on whether or not a shuffle will be requested. The court will recess the panel to give the clerk time to copy the jury cards and to make a new list of names of jurors, either in shuffled order or in numerical order. When the new list is completed and cards copied the clerk will re-seat the jury according to the list and voir dire will begin. The attorneys and judge will be furnished a copy of the list and jury information cards. Challenges for cause will be made after all parties have completed their voir dire examination of the panel. After all counsel have completed their voir dire examination, the attorneys will be asked to approach the bench. Counsel will be asked in turn for the juror number of the jurors whom they wish to challenge for cause. If, in the opinion of the Court, sufficient evidence has been adduced to support a ruling, the challenge will be granted or denied without further questions. Otherwise, the panel member will be called to the bench for further questioning. The panel member will then be excused immediately or asked to return to their seat. The panel member asked to return to their seat may be excused at a later time. If any panel member responds to questions during voir dire examination in a manner which makes it clear that they possess such strong opinions that a challenge for cause would clearly be appropriate, and there exists a possibility that further responses may "poison" the entire panel, counsel should diplomatically terminate the inquiry and avoid further inquiries in the presence of the panel. If adverse counsel has a good-faith belief that the panel member can be rehabilitated, it will be pursued on an individual basis after the general voir dire examination. RULE 5.14 FAIR DEFENSE ACT The rules adopted by Waller County concerning the Fair Defense Act may be obtained from the Local Administrative District Judge. RULE 6 CONFLICTING ENGAGEMENTS OF ATTORNEYS A. Attorney already in trial in another court When informed that an attorney is presently in trial, the court will determine where and when assigned. This information will be verified upon request of opposing counsel and/or the Court. The case will be placed on "hold" or reset, depending upon when the attorney will be released. If the attorney is not actually in trial as represented by the attorney or his agent, the case will be tried without further notice. B. Attorney assigned to two courts for the same date It is the duty of every attorney to call the affected judge's attention to all dual settings as soon as they are known. Insofar as is 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: Criminal cases Cases given preference by statute Preferentially set cases Case set at earliest date Case with earliest filing date Cases in Metropolitan areas should yield to courts in rural areas If the conflict cannot be resolved between the two judges, the Local Administrative Judge or the Regional Presiding Judge will resolve the conflict. C. Designation of Attorney in Charge Every case shall have an attorney in charge designated. RULE 7 ATTORNEY VACATIONS A. DESIGNATION OF VACATION Subject to the provisions of subparts B and C of this rule, an attorney may designate not more than four 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., is affected, unless the trial court expands coverage to other counsel. B. SUMMER VACATIONS Written designation for vacation weeks during June, July, or August must be filed with the Clerk of the Court by May 15. Summer vacations so designated will protect the attorney from trials during those summer weeks, unless an order setting the case for trial was signed before the designation was filed. C. NON-SUMMER VACATIONS Written designations for vacations in months other than June, July, or August must be filed with the Clerk of the Court no later than fourteen (14) days prior to the requested vacation period. Non-summer vacation weeks may not run consecutively for more than two weeks at a time. Non-summer vacation weeks so designated will not protect an attorney from a trial by an order signed before the date the designation is filed. RULE 8 LAWYER'S CREED The Lawyer's Creed is applicable in all cases tried in the 506th District Court and the County Courts at Law Court in Waller County. RULE 9 ADOPTION, APPROVAL AND NOTICE RULE 9.1 ADOPTION These rules are adopted by the 506th District Court and the County Courts At Law of Waller County for all purposes. All previous rules of the 506th District Court and the County Courts At Law of Waller County are hereby repealed. RULE 9.2 APPROVAL Upon approval by the Judge of the Second Administrative Region and posted on the Office of Court Administration's website, these rules shall become effective immediately, and so long thereafter until amended, repealed or modified. Each numbered or lettered paragraph of these rules shall be considered to be separate and distinct from all other portions hereof, and if any portion should be declared by a higher court to be improper, such declaration will not affect any other portion not so declared to be improper. RULE 9.3 NOTICE The 506th District Clerk is directed to furnish a copy of these rules to the Supreme Court of Texas pursuant to Rule 3(a) of the Texas Rules of Civil Procedure and to record these Rules in the Civil Minutes of the 506th District Court of Waller County, Texas. The County Clerk is directed to record the Rules in the Civil Minutes of the County Courts At Law of Waller County, Texas. Approved on this the 22nd [handwritten] day of September, 2023. [signature] Gary W. Chaney, District Judge, 506Th Judicial District [signature] Carol A. Chaney, County Court At Law No. 1 Judge, Waller County, Texas [signature] Elton R. Mathis, County Court At Law No. 2 Judge, Waller County, Texas [Running page numbers 1 to 16 in the margin of the rules]
LOCAL RULES OF THE COURTS OF WALLER COUNTY, TEXAS 506th JUDICIAL DISTRICT & WALLER COUNTY COURTS AT LAW TABLE OF CONTENTS Rule 1 Application, Jurisdiction and Assignment of Cases (1) Rule 1.1 Application (1) Rule 1.2 Jurisdiction (1) A. Exclusive Jurisdiction Regarding District Court (1) B. Concurrent Jurisdiction with County Courts At Law (1) Rule 1.3 Assignment of Cases (1) A. Assignment (1) B.
Reviewer note: Composed 2026-09-21 (corpus-0920 P9b, registry lane) from the registered file (TOPICs 1601, sha256 3af2cc08f47f..., 20 pages; registered 09/27/2023) - digital text layer reflowed page-aware, cross-checked against a second extractor (7 substantive difference(s)), owner-corpus candidate sentences 95% (124/131) matched, no debris. NOT yet read page by page against the render: confidence medium with an open re-verification task; flip to high when a reviewer has read every page against the PDF. [benchpath-tx-corpus0920-p9b-2026-09-21] [BY-EYE CHECK 2026-09-21 (corpus-0920 P11, registry lane): every page of the registered file (TOPICs 1601, sha256 3af2cc08f47f..., 20 page(s)) read against the rendered PDF; file-stamp, caption and signature-block defects of the text layer corrected from the render; confidence lifted to high. benchpath-tx-corpus0920-p11-2026-09-21]