SCHEDULING ORDERS/COURT'S SETTINGS

The Court prefers that the litigants submit an agreed pre-trial scheduling order. If one is not received, the court sends out an order for scheduling conference. If the litigants do not enter into an agreed pre-trial scheduling order and submit it to the Court in accordance with the order for scheduling conference, they need to appear for the conference. If they do not, the case will be dismissed for want of prosecution. The Court generally does not grant continuances.

SEE WEBSITE: http://www.dallascounty.org/department/districtclerk/images/101uso1.pdf

Cases with no activity for 60 days will be placed on the dismissal docket. We require a written response to the dismissal notice setting letter setting out why you need additional time and how long you need the case to remain pending without activity. We usually allow 30 days.

In an emergency, appear in person or telephone, fax or e-mail administrator.

Court may be faxed for information only (1 page) and not for filing at (214) 653 6145. Administrator's e mail address for information only and not for filing is: jmorgan@dallascourts.org

DISCOVERY

All motions must include a certificate of conference in accordance with the Revised Dallas Local Rules. Hearings on discovery disputes are set on Fridays. The disputants must arrive at 8:00 a.m. to discuss their differences and attempt to resolve them. If they are unsuccessful, hearings on discovery motions begin being heard at 8:30 a.m. The Court will try to hear motions to quash promptly and will try to be available to hear deposition-halting disputes by telephone during the deposition.

PLEADINGS AND MOTIONS

In complex matters, the court requests that courtesy notebooks be furnished to the court at least by noon on the day before the hearing or trial. The Revised Dallas Local Rules must be followed.

The Court requests short summaries for any filing over eight pages. The Court encourages litigants to use tabs to locate exhibits and furnish copies of cases with pertinent language highlighted.

The Court accepts fax and e-mail filings for information only (1 page) and not for filing in the Court's case file.

Call the clerks regarding the status of motions. For an expedited hearing, file the motion and talk to the lead clerk regarding the appropriate time for a hearing. If the court is not in trial, it can hear emergency matters by telephone conference immediately. The Court prefers that any sworn testimony be presented live and not by telephone.

PRE-TRIAL HEARINGS/HEARING DOCKET

Motions for summary judgment: Litigants should advise the clerk if the hearing will require more than 20 minutes. No more than two hearings per day are scheduled on motions for summary judgment.

Sua Sponte motions to dismiss for want of prosecution (D.W.O.P.): Cases with no activity for 60 days will be placed on the dismissal docket. A hearing will be scheduled before any order is entered by the Court on any D.W.O.P.

A notice of nonsuit requires an order.

Other motions (special exceptions, sanctions, severance/ consolidation, default judgment, etc.): Default judgments need only be heard if damages are unliquidated. No default judgment will be entered by the Court if the return of service is not correct. Litigants should schedule a hearing with the clerk as with any other motion. No hearing is required if damages are liquidated and affidavits evidencing damages are submitted. Court requires an affidavit of attorneys' fees and certificate of last known address of defendant to be filed at the time of the default judgment. Litigants should advise the clerk if a hearing will require more than 15 minutes. No motions to withdraw should be filed within 30 days before a trial setting. The court will cooperate in arranging prompt teleconference hearings on motions to quash depositions. The court generally will conduct any non evidentiary hearing by telephone if the clerks are notified in advance and the litigants make the arrangement for the conference call.

Generally no hearing will be set on any motion or objection unless requested by a litigant. Litigants should set the motions with the clerk at a time which will provide opposing counsel at least three days' notice. Motion docket hearings are generally scheduled between 8:00 a.m. and 10:00 a.m. on Tuesdays through Fridays. No more than two motions for summary judgment are set for hearing each day. The clerks are reluctant to schedule hearings on written requests for hearing without knowing what date and time is convenient for the litigants. For best results in scheduling hearings, requests should be made to the clerks by telephone. The wise attorney and litigant will request a copy of the WISH LIST OF THE DALLAS COUNTY ADMINISTRATORS AND CLERKS from either the clerks or the administrator.

SEE WEBSITE: http://www.dallascounty.org/department/districtclerk/images/Wishlist.pdf

The Court allows oral hearings if requested. The litigants should contact the lead clerk by phone or in person to obtain an expedited hearing.

The Court allows telephone conferences for the resolution of motions. The litigants are expected to schedule them with the clerks and then set up the conference calls. Although they are more expensive, it is usually easier to hear all parties using operator assisted conferencing.

The Court prefers pertinent provisions of cases attached to briefs or motions to be highlighted.

Attorneys are advised to familiarize themselves with the Revised Dallas Local Rules approved by the Texas Supreme Court on May 12, 1999, with revisions approved by the Texas Supreme Court on December 7, 2005 and the deadlines contained in those Rules. Filing with the clerks at the court instead of at the District Clerk File Desk on the 1st Floor of the Courthouse will assure the filing gets to the judge quicker.

SEE WEBSITE: http://www.dallascourts.com/locrulnw.htm

Notice of rulings is given by the judge except on matters taken under advisement which result in telephone notice by the Court Administrator or Lead Clerk.

ASSOCIATE JUDGES AND VISITING JUDGES

The Court welcomes the use of associate judges. The Court only uses visiting judges when the sitting judge needs to be absent from the Court. The exception is that the Court welcomes use of Judge Kent Sims, the Tax Court Judge. Teresa Guerra Snelson is the associate judge assigned to this court. In addition, the parties may by agreed order propose other associate judges to the Court.

ALTERNATIVE DISPUTE RESOLUTION

The litigants in every case are required to participate in an ADR procedure such as mediation or non binding summary jury trial. The uniform pretrial scheduling order includes an order to mediate. The Court usually names the mediator but permits the litigants to suggest a different trained and experienced mediator. The litigants are encouraged to be creative in selecting the ADR technique that best fits the case.

SEE WEBSITE: http://adrr.com/dallasadr/Website.htm

No case should be reached for trial until a mediation or other form of ADR has been held unless the court has granted an order to vacate or sustained an objection to, the mediation or other ADR order. The Court must consider objections filed within ten (10) days following the mediation order and will consider later objections for good cause.

SEE WEBSITE: http://www.dallascounty.org/department/districtclerk/images/101suppo.pdf

TRIALS

The procedure described for pretrial scheduling orders above. The Court encourages the litigants to submit another scheduling order for cases not reached for trial on the initial setting. If they do not submit one, the court will reset the case for trial sua sponte.

The Court prefers not to give preferential trial settings but will consider motions for preferential settings.

The Court tries to give litigants as much freedom as possible in agreeing to the initial trial setting and deadlines leading up to it but then follows a "no continuance" policy on trial dates.

SEE WEBSITE: http://www.dallascounty.org/department/districtclerk/images/101notic.pdf

SEE WEBSITE: http://www.dallascounty.org/department/districtclerk/images/101uso1.pdf

In addition to any motions, litigants should submit proposed jury questions, instructions and definitions or proposed findings of fact and conclusions of law on the first day of trial on a 3 1/2 inch computer disk in a WordPerfect 8 format. The computer disks should not contain the motion for instructions or motion for findings of fact and conclusions of law but just the proposed text of the charge or findings of fact and conclusions of law. PJC, case and statute cites, blanks for the Court's rulings should not be on the disks, just the text of proposed language for the charge. Litigants should contact the Court Reporter in order to obtain the Court's standard language for the charge of the court. The Court Reporter can either fax or e-mail the information to you.

Cases are being routinely called to trial on their first setting. The Court is not granting continuances in cases filed after July 1, 1999, except as required by the Rules. The court will consider requests to carry a case for emergencies or conflicts where an attorney is already in trial or actually being called to trial in an older case. Motions for continuance filed after the litigants are told to report ready for trial are not favored. The court follows the Revised Dallas Local Rules on vacation letters. Motions for continuance in cases more than one-year-old require consents from all parties.

SEE WEBSITE: http://www.dallascounty.org/department/districtclerk/images/101policy.pdf

TRIAL MOTIONS

Motions in limine should be filed at least a week before the trial setting. The litigants should discuss all motions in limine and identify what they can agree to and what they cannot agree to before requesting a hearing on them with the judge.

A form is available from the Administrator. The administrator sends a pretrial preparation memo to the litigants prior to the pre-trial conference with the judge. The judges uses a pre-trial check list during the pre-trial conference which may be by telephone.

SEE WEBSITE: http://www.dallascounty.org/department/districtclerk/images/101pretr.pdf

Voir Dire

The Court sets deadlines for the time per side for oral examination of the voir dire panel. These time limits are generally discussed and set during the pretrial conferences. The Court requests litigants wait to offer any motions to dismiss for cause until the jurors are not present in the courtroom. Out of the presence of the jurors the Court will hear those motions. When the examination of the voir dire panel is complete, the Court asks the litigants to submit their strikes on the first page of the jury list giving juror number and last name and identifying which party submitted the strikes and including the signature of counsel or party.

Opening

Generally the time limits for opening statements are set by the Court following discussion with the litigants. They do vary from case to case such as 10 to 20 minutes in Level 1 cases to 30-45 minutes in Level 3 cases.

Direct Examination

Generally the Court only requires attorneys to stand when making an objection or when jurors are entering or leaving the courtroom. The Court has a podium and working microphones.

Cross Examination? The Court follows the Rules of Decorum (Appendix 2) attached to the Revised Dallas Local Rules.

SEE WEBSITE: http://www.dallascourts.com/locrulnw.htm

Closing

The Court sets time limits after conferring with the litigants. Time limits do vary from case to case. The Court gives time warnings if requested. Car accident cases range from 10 to 20 minutes for closing arguments. Complex and multi-party cases generally require 30 to 60 minutes.

AUDIO/VISUAL EQUIPMENT

The court provides an easel with newsprint (also serves as chart stand), podium, pointer, Doar Presenter (like an elmo), VCR, 61 inch television monitor and flat display screen over the jury box. Lap top or other computer may be plugged into the Doar Presenter for use of Power Point or other software. The Court has a large white screen on the wall which could be used to project images. Questions should be directed to the Court Reporter. There is an LCD projector with a stand that the civil district courts share. You may reserve it for use with the Court Administrator and get help setting it up from the Court Reporter.

TRIAL DOCKET

The Court uses the procedure for scheduling outlined above under Scheduling Orders/Court's settings. If the litigants have not submitted an agreed scheduling order, the court will prepare one or use a computer generated notice.

OTHER

Applications are accepted for any interested attorneys for guardian ad litem appointments that are followed by interviews with the judge. Guardians ad litem are not expected to serve as attorneys in the case, such as attending depositions and drafting settlement documents without prior approval of the judge. Litigants are encouraged to arrive at agreement on amount of guardian ad litem fees. The court appoints guardian ad litems to represent minors and non compos mentis parties in settlements based on its knowledge of their character, experience and competence in evaluating the case and the settlement for the minor or non compos mentis party. Independent attorneys, not suggested by any of the parties or their counsel (Rule 4.06, Revised Dallas Local Rules), will be appointed. Guardians ad litem fees should be reasonable and necessary.

The court follows the Rules of Decorum (Appendix 2) attached to the Revised Dallas Local Rules. Attorneys should note that the Texas Lawyers' Creed (Appendix 3) has been adopted as part of and is attached to the Revised Dallas Local Rules. No food or beverage is permitted in the courtroom except water. During jury trials the court does not expect those in attendance to stand for the judge but does ask them to stand as the jurors enter or leave the courtroom. The court does expect the attorneys and pro se parties to stand when making objections.

First attempt to resolve any dispute by agreement before bringing it to the court. Make all filings for hearings at the clerks' desks at the court instead of at the District Clerk's file desk on the first floor of the courthouse. Remember jurors, the court personnel and the judge are neutral people and react to the behavior of attorneys and pro se parties as you would expect them to (refer especially to Section III, paragraph 9, Texas Lawyers' Creed see Appendix 3, Revised Local Rules). Read the article, "The Golden Rule of the Courtroom." Copies are available from the Administrator.

Regarding pet peeves:People who bring disputes to the court for resolution before trying to negotiate resolution among themselves. Attorneys who direct remarks to each other and not to the court during hearings or trials. People who interrupt the court or others. People who do not stop what they are doing to listen when the court is addressing them. Perpetual "casual day" or failure by attorneys to wear appropriate professional clothing when they are doing business with the court. Attorneys who fail to take heed to the Administrators' and Clerks' WISH LIST. Ad hominum attacks. Attributing bad motives to others before the court. It spoils the surprise for the court.

SEE WEBSITE: http://www.dallascounty.org/department/districtclerk/images/Wishlist.pdf

Regarding special practices or procedures lawyers should know about: The Revised Dallas Local Rules. Note the Revised Dallas Local Rules include Rules of Decorum (Appendix 2) and the Texas Lawyers' Creed (Appendix 3). Whenever a non jury case is set for trial at a time other than on a Monday, the attorneys or pro se parties are required to appear and make their announcements at the day an hour specified in the notice of the setting without further calling or notification from the court. The court does follow TRCP 256(g) but one counselor on each side to examine the same witness.

Regarding challenges to experts: The court follows the Revised Dallas Local Rules. The court seeks to avoid the necessity for Rule 104 hearings during trial and greatly prefers hearing challenges to experts well in advance of trial. The uniform pre-trial scheduling orders used by the court require this.