Motions
Texas District Court Harris County
Timing
Generally Applicable Motion Rules
This procedural guide covers generally applicable rules of motion practice in the Harris County Superior Court. Be sure to consult the relevant statutes, rules, and case law governing the particular type of motion brought before the court.
Briefing Schedule and Procedure
Texas Rules of Civil Procedure -- Limited Briefing
With the exception of motions for summary judgment, special appearances, and special exceptions, motions in Texas district courts are not usually supported by written briefs or memoranda of law, unless specifically requested by the judge. Compared to most other state court jurisdictions, the mandated notice period for motions is very short, only three (3) days. The Texas Rules of Civil Procedure do not provide a schedule for presenting written opposition or reply papers. Written opposition papers must be presented pursuant to the schedule set forth in the local rules or on a schedule set by the court. The submission of reply papers in support of a motion is uncommon; practitioners should consult their assigned judicial officer about presenting reply papers before making any filing.
Service of Moving Papers
A true copy must be served on all other parties at the same time as the document is filed with the clerk of the court, and must be noted on the docket. Tex. R. Civ. P. 21 (a).
Service of Notice of Proceeding -- Three Days
Unless presented at a court proceeding, an application for an order and notice of court proceeding must be served on all parties not less than three (3) days before the proceeding. Tex. R. Civ. P. 21 (b).
Deadlines for Filing Certain Motions
Motions for summary judgment must be served twenty-one (21) days before the hearing on the motion. Tex. R. Civ. P. 166a(c).
Motions for attorneys to show authority must be served ten (10) days before the hearing on the motion. Tex. R. Civ. P. 12.
Motions to seal court records must be served not less than fourteen (14) days after the motion is filed and notice is posted. Tex. R. Civ. P. 76a(4).
Mail or Facsimile Service -- Additional Time To Respond
A party that has the right or is required to respond or do some act within a prescribed period after being served with a notice or other paper has an additional three (3) days beyond the prescribed period to complete the act or response when that party has been served by mail. Tex. R. Civ. P. 21a(c) (amended eff 1/1/14).
Extensions of Time
The court, on its own motion or on the application of a party, may extend or otherwise modify the time provided for an act to be completed. A party must apply for an extension before the expiration of the period originally prescribed or as extended by a previous order. The court retains discretion to permit the act to be done after the expiration of the specified period where good cause is shown for the failure to act. Tex. R. Civ. P. 5.
Harris County Local Motion Procedure
Scheduling
A motion may be heard by written submission. Motions must state that Monday at 8:00 a.m. is the date for written submission. This date must be at least ten (10) days from filing, except by leave of the court. Harris County L.R. 3.3.3.
Scheduling the Hearing
Settings for oral hearings should be requested from the court clerk. The notice of oral hearing must state the time and date. Harris County L.R. 3.3.4.
Rules & Requirements
Generally Applicable Motion Rules
This procedural guide covers generally applicable rules of motion practice in the Harris County Superior Court. Be sure to consult the relevant statutes, rules, and case law governing the particular type of motion brought before the court.
Required Pre-Filing Conference With Opposing Counsel
Under the Texas Rules of Civil Procedure, attorneys are required to confer before filing any discovery motion and must file a certificate of conference with any discovery motion. Tex. R. Civ. P. 191.2.
Under Harris County Local Rule 3.3.6, this rule requiring conference with opposing counsel is extended to include most non-discovery motions as well. Attorneys must file a certificate of conference with any motion, plea or special exception, except
Summary judgments,
Form & Format of Papers
In Writing
Unless made during a hearing or at trial, motions must be made in writing. Tex. R. Civ. P. 21 (a).
Harris County L.R. 3.3.1.Unopposed Motions
Unopposed motions must be labeled "Unopposed" in the caption. Harris County L.R. 3.3.5.
Set Forth Grounds and Relief
The motion must state the grounds upon which it is based as well as the relief or order sought. Tex. R. Civ. P. 21 (a).
Request for Oral Argument
Settings for oral hearings should be requested from the court clerk. The notice of oral hearing must state the time and date. Harris County L.R. 3.3.4.
Statements May Be Adopted by Reference
Statements in pleadings may be adopted by reference in any motion, provided that the referenced statements have not been superseded by an amendment. Tex. R. Civ. P. 58.
Signature
In General
Every document filed with the court must be signed by the attorney of record. Tex. R. Civ. P. 13.
By signing the document, the signatory certifies that he or she has read the document, that the document is not groundless, and that it was was not brought in bad faith or for the purpose of harassment to the best knowledge, information, and belief of the signatory. Tex. R. Civ. P. 13.
Additional Formatting Requirements
Harris District Court SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
Declarations/Affidavits
Harris District Court SmartRules™ procedural guide: AFFIDAVITS/DECLARATIONS.
Additional Documents
Proposed Order
Every motion must be accompanied by a proposed order granting the relief sought. The proposed order must be a separate instrument, unless the entire motion, order, signature lines, and certificate of service are all on one page. Harris County L.R. 3.3.1.
Certificate of Conference
Certificate of Conference required by the Texas Rules of Civil Procedure are extended to all motions, pleas and special exceptions except summary judgments, default judgments, agreed judgments, motions for voluntary dismissal or non-suit, post-verdict motions and motions involving service of citation. Harris County L.R. 3.3.6.
Filing & Service
Filing Required
A motion must be filed with the court clerk and a true copy of the same must be served on all other parties. Tex. R. Civ. P. 21 (a).
Method
Harris District Court SmartRules™ procedural guide: FILING DOCUMENTS.
Service
Requirement and Timing
Unless presented during a court proceeding, motions presented to the court for an order must be served on all other parties at least three (3) days before the proceeding unless otherwise provided by law or the rules.
Notice of any court proceeding must contain the information needed for participants to participate in the proceeding, including the location of the proceeding or instructions for joining the proceeding electronically, the court’s designated contact information, and instructions for submitting evidence.
Tex. R. Civ. P. 21 (b). See also Tex. R. Civ. P. 21d (a)(2).
Method
Harris District Court SmartRules™ procedural guide: SERVICE OF PAPERS.
Certificate of Service
Any party not represented by counsel and any attorney of record must include with every motion a signed certification of compliance with the provisions under Rules 21 and 21a. This certification is customarily "Certificate of Service." Tex. R. Civ. P. 21 (d); Tex. R. Civ. P. 21a (e).
Sanctions for Failing To Serve or Deliver
The trial court has discretion to impose any appropriate available sanction if any party fails to serve another party with a copy of any pleading, plea, motion, or other application to the court for an order in accordance with Texas Rules of Civil Procedure 21 and 21a. Tex. R. Civ. P. 21b.
Hearing & Disposition
Court May Set Pre-Trial Conference to Resolve All Pending Motions
The court may direct parties to appear for a pre-trial conference to resolve all pending motions. Tex. R. Civ. P. 166.
Court May Award Costs on Motion
Except when otherwise provided by law, the court may, in its discretion, award or deny costs on motions. Tex. R. Civ. P. 133.
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