BRAZORIA COUNTY LOCAL CIVIL RULES

149th & 239th DISTRICT COURTS

 

RULES FOR SETTING CIVIL MATTERS IN BRAZORIA COUNTY

THE CIVIL TRIAL DOCKET

 

    TRIAL SESSIONS: Each court will schedule certain weeks for civil trials. This schedule will be posted in the office of the District Clerk and furnished to members of the bar on request. Trial sessions will be divided into months whether the pertinent court has one or more weeks scheduled for civil trials during a particular month.

    SETTINGS: A civil case may be set by an attorney of record or by the Court.  A setting will be for a particular month and will not be assigned to a specific week until the call of the monthly docket.

    (a)     Requests for setting will be in writing, addressed to the Civil Docket Coordinator of each court and contain the following:

  1. Number and style of case.

  2. Month requested and date docket will be called for said month.

  3. Specify whether the case is jury or non-jury.

  4. Certification that pleadings are in order, discovery is complete, requesting attorney has no conflicting settings and that settlement has been attempted.

  5. Name, address and telephone number of each attorney of record and certification that each has been served with a copy of the request for setting.

 (b)     Cases will be set upon receipt of timely request without further confirmation and will be placed on the docket in cause number order.

 (c)     Setting requests must be received not later than forty (40) days prior to the first day of the month requested for a trial setting.

         (Our cut-off date will be the 20th day of each month.)

    DOCKET CALL:  The civil docket will be called at 1:45 p.m. on the second Friday of each month for all cases set for trial during the following month.   Lead counsel is required to be present unless excused by the presiding judge.   At the docket call, cases will be set for trial during a specific week of the month.

    AGREED PASS: Cases (except those set by the Court) may be passed by agreement at/or prior to docket call, (with the exception of cases filed in the 239th District Court). Afterward, the pertinent trial judge must approve any pass or delay. Cases filed in the 239th can only be passed by the judge of that court.

    PREFERENTIAL TRIAL SETTING: Cases may be set out of order by motion to the pertinent trail judge setting forth specific grounds of good cause for such request. A hearing is required.

    DISMISSAL DOCKET: All cases pending more than eighteen (18) months will be placed on a "Try or Dismiss" docket, docket call to be announced.

 

THE CIVIL ANCILLARY DOCKET

    SETTINGS: Requests for hearing non-contested motions and other ancillary civil matters shall be made by telephone or in writing to the Civil Docket Coordinator of each court, who will set the matter for an available day and time in accordance with instructions from each trial judge. The requesting attorney must give proper written notice to all opposing counsel of such setting.

    Ancillary week for the 239th District Court is the fourth (4th) week of the  month with Motions for Summary Judgment being heard on Tuesday and Wednesday of  that week.

 

 

DISTRICT COURTS OF BRAZORIA COUNTY

AMENDED*

LOCAL RULE OF CIVIL PROCEDURE

CONCERNING FILING OF DISCOVERY AND

  RELATED MATERIALS IN CIVIL CASES

 

1. Purpose:    Because of the expense to private litigants and to the public resulting from the filing and storage of discovery and other documents in the records of the District Clerk of Brazoria County, this rule will apply in the District Courts of Brazoria County, Texas, effective February 1, 1998.

2. Documents Not to be Filed: The following documents shall not be filed with the office of the District Clerk of Brazoria County with respect to pending civil cases:

  1. Requests for production and inspection and the related responses/objections served under Rule 167, Texas Rules of Civil Procedure, except that requests for production attached to and served with the original petition shall be filed as provided in said rule;

  2. Interrogatories and responses/objections filed under Rule 168, Texas Rules of Civil Procedure, except that interrogatories attached to and served with the original petition shall be filed as provided in said rule;and

  3. Business records accompanied by affidavit filed under Rule 902(10), Texas Rules of Civil Evidence.

3. Exceptions and Procedural Requirements:

  1. Requests for admission and related responses/objections under Rule 169, Texas Rules of Civil Procedure, shall be filed as provided in said rule. Further, a Court may order the Clerk to accept the filing of any of the documents described in Section 2 in a particular case.

  2. The party responsible for service described in Section 2 shall:

           1.    retain the original or an exact copy of the documents for at least one year after the case and any related appellate proceedings are last pending;

           2.    file with the Clerk a certificate which shall be signed by the attorney of record for the party and which shall identify:

                  a.  the document(s)

                  b.  the counsel or parties on whom the document was served; and

         c. the date the document was served.

    C.  If relief is sought concerning any discovery dispute, a party may file only those portions of the documents related to and necessary to resolution of

         the dispute.

    D.  A party may file any such documents as necessary in support of or opposition to a motion for summary judgment. or any other pretrial motion.

*Amended rule dated and filed April 24th 1998.