Trial & Court Procedures  

Docket Control Orders are entered after a Status Conference held by the Court Coordinator.  Those conferences are scheduled for this Court on Thursdays at 9:00 am. The date is assigned by the District Clerk at the time the case is filed, usually about 90 days after filing.  

At the Status Conference, the attorneys are given a Docket Control Order with the trial date and Pre-Trial Conference date. Attorneys are then expected to agree on the remaining dates. The Court will not normally get involved in the preparation of the Docket Control Order, unless there is an irreconcilable disagreement between counsel on terms or dates.  

Counsel can avoid attending the Status Conference by submitting an agreed Docket Control Order by 4:00 pm on the date preceding the Pre-Trial Conference. Prior to negotiating the Order, counsel should contact the Court Coordinator for the Pre-Trial Conference and trial dates. Those dates are selected exclusively by the Court and Court Coordinator, not parties or counsel.   

Note: Counsel are advised not to procrastinate once the Docket Control Order has been signed and entered. 

Click here for Docket Control Order.

Criminal Docket Control Order 

A Docket Control Order will be signed by the Court when counsel for the State or defendant ask to have the case placed on trial docket. At that time, an Agreed Discovery Order will also be signed. 

Mediation  

Mediation is strongly encouraged. Court approval is required before mediation is excused.  

The Docket Control Order will include a mediation deadline. The Court encourages parties to agree on a mediator. However, the Court will appoint a mediator when the parties cannot agree at the time of the Status Conference.  

Motions and hearings 

Contested motions should be filed with the Galveston County District Clerk, and should include a Certificate of Conference, except for dispositive motions such as motions for summary judgment. Motions should include a proposed order. It should also include a hearing request, if one is necessary. The Court Coordinator schedules hearings and advises Movant’s counsel of hearing date and time. Movant’s counsel is then responsible for advising all other counsel of the date and time in a timely manner, and to provide proof of notice to the Court. 

Counsel may submit motions to the Court on the Submission Docket, without a hearing. The Submission Docket is on Thursday at 4:00 pm after notice has been given. The party submitting a motion on the Submission Docket must file a Notice of Submission and serve the notice on all other parties. If the respondent or any other party requests an oral hearing, the Court will review the motion and any response and determine if a hearing is warranted.   

Agreed motions 

Agreed motions don’t require a hearing and should be submitted directly to the District Clerk for consideration by the Court.   

Knowledge of rules and precedent 

The Court expects all attorneys appearing before it to know the Texas Rules of Civil Procedure or the Texas Code of Criminal Procedure, the Texas Rules of Evidence, and relevant cases and statutes. Reasonable disagreements and interpretations of the rules and cases are to be expected.

However, misrepresentations are not tolerated.   

Telephone conferences 

Telephone conferences are encouraged to resolve discovery disputes, especially at the time of depositions. If counsel cannot resolve the issue by phone, they should contact the Court Coordinator to schedule a conference. The Court will make every effort to accommodate the counsel as soon as possible.  Counsel are responsible for setting up the phone conferences.   

Trial notebooks 

Trial notebooks for the Court are not required, but they are recommended in complex cases and in issues which could be pivotal or dispositive to case outcome.   

Motions In Limine 

The Court has entered a Standing Order In Limine, with which counsel should familiarize themselves. Do not duplicate items covered by that Order in any Motions In Limine filings. Counsel should exchange Motions In Limine as soon as practical, and reach agreement on all matters possible. Counsel are expected to comply with the Standing Order and any other rulings which the Court may make, and to explain those orders to their clients and witnesses prior to trial start.    

Trial length and witness scheduling 

Counsel should confer prior to the day of trial to determine the length of time each party anticipates it will need to present its case or defense. Counsel should advise the court prior to the start of trial of any problems with witness schedules, as well as any anticipated lengthy examinations or cross-examinations.   

Trial exhibits 

Trial exhibits should be pre-marked to the extent possible before the start of trial. Counsel should exchange exhibit lists and copies of exhibits, and confer to determine the admissibility of any exhibits. Counsel are to advise the Court of the number of any exhibits that have no objection. Objections to any exhibits will be taken up by the Court before trial start as a part of any pre-trial matters.   

Jury selection 

Counsel should be prepared to discuss the voir dire process with the Court, and to have a reasonable time estimate they will request for voir dire. The Court will allot time to each side. A podium is placed in front of the venire for the use of counsel during voir dire. Counsel are not required to stand behind the podium the entire time, but they should use the podium and limit their movements in front of the venire to those necessary to question individual members of the panel.  

After counsel have questioned the entire panel generally, individual members can be called for questioning to determine strikes for cause. No motions to strike for cause should be made prior to bench conference.   

Permission to approach 

It is not necessary to ask permission of the Court to approach a witness, the exhibits or the audio-visual stand. The Court considers that formality a waste of valuable time. Counsel are expected to conduct the majority of their witness examination from the counsel table, and avoid excessive wandering around the Courtroom. Microphones are at each counsel table to assist the Court, court reporter, and jury in hearing the proceedings.   

Audio-visual equipment 

The Courtroom is equipped with a computer video projector, DVD player, document projector (“Elmo”), and screen. Computer connections to video projector are available at counsel tables.   

Motions to withdraw exhibits 

The custody and storage of exhibits introduced during trial is the responsibility of the Court’s Official Court Reporter, and ultimately, the District Clerk. However, if there is no reason for those exhibits to be retained (settlement or other resolution after verdict or no appeal), the Court encourages counsel to file a Motion to Withdraw Exhibits, which will be readily granted.  Fill-in-the-blank motions and orders will be available through the Court Coordinator and on the Court’s website. 

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