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245th Family District Court Policies and Procedures, v.7 published 3/5/2019 Page 1 of 8
Policies and Procedures for the 245th Family District Court
1. Docket
1.1. Docket Structure – with the exception of previously set hearings, including
hearings presently set on the docket, the court’s docket going forward demonstrated
on the below chart:
Monday Tuesday Wednesday Thursday Friday a.m. Preferential Preferential CPS to Cooper: odd case
number for case/lowest
companion
Submission docket to
Longino: compels,
summary judgments,
agreed withdrawals, etc.
Temporary Orders
DRO Enforcements
(enforcements filed
by private litigants
should be
preferentially set as
a trial)
Preferential
Submission
DWOP and
Dismissal
Docket – 1st & 3rd
of month
p.m. Preferential Preferential CPS to Longino: even case
number for case/lowest
companion
Submission docket to
Cooper: compels, summary
judgments, agreed
withdrawals, etc.
Preferential Pretrials – 2nd &
4th of month
Preferential
1.2. Online Docketing - The Court has implemented online docketing for the
scheduling of preferential hearings and hearings to be heard by submission. The
scheduling system can be reached through the Court’s Justex website or directly at
https://245thdistrictcourt.as.me.
1.2.1. THE SCHEDULING PARTY IS RESPONSIBLE FOR NOTICING THE
OTHER PARTY/PARTIES TO THE SUIT.
1.2.2. Counsel must release a hearing as soon as it becomes known that it will not
be held. Repeated lack of consideration of the Court’s limited time to hear
other matters may result in loss of privilege to use online scheduling of
preferential settings.
1.3. General Docket Call – Docket call for non-preferentially set matters will take
place on days with a called docket at 8:30 a.m. or 1:30 p.m., depending on whether
the docket is assigned to morning or afternoon in Section 1.1, above.
1.4. Telephonic Docket – for any non-evidentiary hearing where witnesses are not
being presented and a record is not needed, the requesting attorney may request that
his or her preferential setting be conducted telephonically. An objection to
proceeding telephonically must be filed by the objecting party ≥3 days prior to the
hearing date and explain the need for a hearing in person.
1.5. Dismissal Dockets
1.5.1. Dismissals for want of prosecution (“DWOP”) shall be set on the court’s
submission docket.
1.5.2. No Appearance by Respondent
1.5.2.1. Where there is no return of citation, answer, waiver, or other manner
of appearance on file.
245th Family District Court Policies and Procedures, v.7 published 3/5/2019 Page 2 of 8
1.5.2.2. When: notice will be sent of this submission dismissal setting
approximately 90 days after the filing of the suit if the respondent
has not appeared; the hearing by submission will occur
approximately 60 days after the notice is sent on the indicated date
and time.
1.5.2.3. To be removed from the dismissal docket, a return of citation
showing the respondent was successfully served, an answer, or a
signed waiver of service must be filed with the court. Once that is
filed, e-mail the court coordinator to confirm removal of that setting.
1.5.3. Respondent Appeared
1.5.3.1. When: notice will be sent of this submission dismissal setting
approximately 90 days after the filing of the suit; the hearing by
submission will occur approximately 6 months after the initiation of
the suit on the date and time indicated on the notice.
1.5.3.2. To be removed from the dismissal docket, one of the parties must
schedule a trial and pretrial setting online through the court’s
website and file the Agreed Scheduling Order and Notice of Intent
to Dismiss located on the court’s website.
1.5.3.3. The chosen trial setting must be within 1 year of the filing date of
the initial pleading absent good cause detailed in an attachment to
the agreed scheduling order (a statement by counsel is adequate, no
affidavit/declaration is required).
1.6. Rocket Docket - certain matters, such as modifications of child support under
Texas Family Code § 156.401(a)(2) in which the scope of issues is limited, can be
quickly assessed in discovery, and the trial of the matter can be accomplished in ≤
3 hours (1.5 hours per side), can be scheduled on a "rocket docket" upon request.
The requesting party must provide ≥75 days’ notice if discovery has not been
conducted or, in the event the respondent (and counter-respondent, if a counter-
claim has been filed) have already propounded requests for discovery, either side
may request a trial setting with ≥45 days’ notice. IT IS THE RESPONSIBILITY
OF THE REQUESTING PARTY TO NOTICE THE OPPOSING PARTY.
1.7. Ministerial Acts & Submission Docket
1.7.1. Ministerial acts
1.7.1.1. The court will review affidavits pursuant to Texas Family Code §
156.006(b-1) before approving the setting of hearings on those
matters.
1.7.1.2. Mandatory transfers will be granted after service of the motion to
modify and the motion to transfer and the proper passage of time
with no controverting affidavit filed pursuant to Texas Family Code
§ 155.204. Once that time has run, e-mail the court clerk to request
the proposed order for transfer be placed in the judge’s box for
signing by submission.
1.7.1.3. Nonsuits – should the party filing a notice of nonsuit be nonsuiting
his or her entire request for affirmative relief, and no affirmative
relief would remain pending by the other party/parties to the
litigation, counsel may e-mail the clerk to request the case be
245th Family District Court Policies and Procedures, v.7 published 3/5/2019 Page 3 of 8
marked disposed by including the case number and the attorney’s
representation that his or her nonsuit will dispose of all pending
requests for relief. Otherwise, an order that correctly identifies the
scope of affirmative relief being disposed by nonsuit must be filed
for signing by the court.
1.7.2. Submission docket
1.7.2.1. A matter set for consideration by submission means the setting shall
be considered and ruled upon by the court without an oral hearing
on the date scheduled.
1.7.2.2. Some matters must be set for consideration on the court’s
submission docket, whereas the attorney/litigant has discretion
whether to set other matters for consideration by submission.
1.7.2.3. A motion for submission must be set on a submission docket ≥10
days from the date of filing of the motion and notice of hearing by
submission; note that nothing in these policies shall act to compress
any deadlines under the Texas Family Code or Rules of Civil
Procedure (the notice required for summary judgment is still ≥21
days).
1.7.2.4. The notice of hearing should be completed on the original filing or,
if the setting is changed or obtained after filing, a subsequent notice
of hearing should be filed to inform the court that notice has been
provided to the responding party.
1.7.2.5. Responses must be filed ≥3 days prior to the date of submission.
Failure to file a response timely may result in all requested relief
being granted by default.
1.7.2.6. Motions to compel shall be set for hearing by submission.
1.7.2.7. Motions for summary judgment shall be set for hearing by
submission. Any request for fees as part of the motion may be
tendered as part of the motion by affidavit/unsworn declaration.
1.7.2.8. Agreed orders not requiring a prove-up shall be signed by
submission; should the proposed order have an issue, it will be set
for entry so the issue can be discussed.
1.7.2.9. Should the motion involve a novel issue of law where oral argument
would be of assistance to the court, or there is other good cause to
require an oral hearing (e.g., the necessity for the presentation of a
live witness to meet an evidentiary burden), a request for an oral
hearing can be made and granted upon leave of court.
1.8. Entries
1.8.1. Temporary/Interim Orders - no entry date will be assigned.
1.8.2. Final Orders – no entry date will be assigned, but the case will be set on a
submission dismissal docket approximately 60 days out from the date of the
court’s rendition or the filing of a mediated settlement agreement, prove-up
of an agreement, or passing of a trial setting due to an informal agreement
being reached. Filing an order with all signatures and other required
documents, such as an affidavit for prove-up of the terms, will remove case
245th Family District Court Policies and Procedures, v.7 published 3/5/2019 Page 4 of 8
from dismissal docket; the only method for obtaining an extension of
dismissal deadline is the filing of a motion to retain.
1.8.3. Contested Entry – if an entry is contested, the party seeking to obtain
rendition should file a motion to sign with the proposed order attached as
an exhibit and set the motion for hearing on the court’s submission docket.
For a final order, the motion must be set for consideration by written
submission prior to the date of the dismissal setting.
2. Late Calls
2.1. E-mail Box – Except in an emergency, counsel and litigants should e-mail
[email protected] to make their late announcement, with a carbon copy to
opposing counsel/litigant. A late announcement should be e-mailed to that box
between noon the day prior to the hearing and 8:15 a.m. the morning of the hearing.
2.2. Counsel may call the court where an emergency or other event prevents e-mailing,
or doing so would be unsafe, to check in late by phone.
2.3. Where counsel knows they will be late due to having a conflicting setting in another
court or county, that announcement shall be made between noon and 5:00 p.m. by
e-mail the preceding day with a carbon copy to opposing counsel with a time
estimate; counsel checking in late should offer to coordinate with opposing counsel
to call, text, or e-mail when released from that hearing with an ETA so the other
attorney can also check in late and meet up at the courthouse to avoid additional
cost to their client. Consistent failure to provide that courtesy may result in the
award of fees upon request or passing of a hearing.
3. Mediation
3.1. Temporary Orders – required where custody or possession and access is at issue, or
where the time estimate exceeds 30 minutes (exclusive use/injunctions).
3.2. Final Orders – required in all cases except limited issue cases where trial can be
conducted in under 3 hours, such as a child support modification.
4. Hearings for Temporary Relief
4.1. Time Limitations - Reasonable time limits may be placed on hearings.
4.1.1. Temporary Orders involving conservatorship or possession and access – 3
hours (1.5 hours per side).
4.1.2. Other Temporary Orders - 1.5 hours (45 minutes per side) where no child
is involved and a protective order is not being sought.
4.2. Short and emergency approaches - may be heard between targeted hearings as
available if no setting can be immediately provided.
4.3. Standing Order for Extension of Temporary Restraining Orders
4.3.1. The court has uploaded to its website a standing order that the filing party
may optionally attach to its proposed temporary restraining order.
4.3.2. Attachment of the standing order will result in the extension of the
temporary restraining order for an additional 14 days should the hearing on
temporary orders and injunctions not be set to occur within the initial 14
days the temporary restraining order is effective.
4.4. Temporary Injunctions – parties are encouraged to agree to standard mutual
injunctions. Hearings for temporary orders/injunctions shall have a docket setting
on Thursday mornings to ensure these can be set for hearing within 28 days of the
original temporary restraining order being signed. Should mediation (if required)
245th Family District Court Policies and Procedures, v.7 published 3/5/2019 Page 5 of 8
not have been attended within the initial 28 days, and no agreement reached for
entry of agreed mutual injunctions, appear on this docket to make a short approach
or receive a short hearing to have the injunctions rendered pending attendance at
mediation and attendance at a preferentially set hearing if needed for other issues
in the case.
4.5. Interim fees – when a request for interim fees is made, counsel should include the
amount being requested in their filing along with a general explanation of the work
anticipated to be performed justifying the request and identifying the source of
funds under the control of the opposing party. If the request is made outside a
divorce, an affidavit stating the need for the award to protect the safety and welfare
of the child should be attached to the motion.
5. Pretrial
5.1. Pretrial shall be scheduled on the 2nd and 4th Fridays of each month, with pretrial to
occur on a Friday >7 days prior to the scheduled preferentially set trial setting.
Pretrial should be scheduled concurrent with the scheduling of the final trial.
5.2. Pretrial Checklist – to avoid having to appear for pretrial, complete and have all
parties sign and then file the pretrial checklist that is available on the court’s
website. Removal from the court’s pretrial docket shall only occur if the
requirements stated in that checklist are satisfied. E-mail the coordinator to verify
removal from that docket after filing of the checklist.
5.3. Adoptions – a pretrial must be scheduled prior to the scheduling of a final trial on
an adoption. This can be set on the court’s pretrial docket. Optionally, if counsel
has previously handled adoptions, counsel can file a request for permission to
schedule trial and set that request on the court’s submission docket; the request
should state what statutory requirements have been satisfied and what, if any, steps
remain to be completed in the adoption and the anticipated date of completion.
5.4. DFPS termination suit – the final permanency hearing prior to the trial date shall
also serve as a pretrial hearing; the Department of Family and Protective Services
shall bring a case supervisor or program director (or other person with the authority
to make decisions in the case) to that hearing to state the objective of the
Department and what grounds the Department plans to proceed upon at trial if
termination is being sought.
6. Final Trial
6.1. Must occur within one year of the initiation of the suit absent good cause shown.
Must be scheduled and noticed pursuant to section 1, above.
6.2. Proposed property divisions shall be submitted in an electronic file format (.xls,
.xlsx, .ods, etc.) where the valuation of property or allocation of a property division
is contested and the estate is valued at ≥$100,000.
6.3. Each party shall include an exhibit summarizing his or her requested affirmative
relief. A party merely resisting a suit with a general denial/answer need not prepare
requested relief.
6.4. If custody is contested, a four-hour co-parenting class must be attended by the
parents/conservators, and a certificate of attendance filed, prior to final trial in any
original divorce or suit affecting the parent-child relationship. The following is a
non-exhaustive list of some available online options:
6.4.1. http://familyaffairs.org/
245th Family District Court Policies and Procedures, v.7 published 3/5/2019 Page 6 of 8
6.4.2. http://www.parentclassonline.com
6.4.3. https://www.parentingchoice.com/
6.4.4. http://positiveparentingthroughdivorce.com/
6.4.5. https://puttingkidsfirst.org/
6.4.6. http://www.txparent.com
7. Defaults
7.1. No answer – certificate of last known address and nonmilitary affidavit/declaration
must be present.
7.2. Divorce – where the estate consists of a home, vehicle(s), or financial accounts of
an appreciable amount (≥$50,000), a sworn inventory and proposed division must
be present.
7.3. Counsel is charged with the responsibility of reviewing the file before approaching
for a default and be prepared to certify that the citation is complete and correct and
has been on file for the required period. If the matter involves a respondent in cases
involving a waiver or an agreed decree, it must be proven that the signing party
speaks, reads, and writes English or there must be a sworn translation into the native
language of the person signing that has also been signed by the signing party.
8. Prove-Up of Agreements and Agreed Orders
8.1. By Affidavit or Unsworn Declaration
8.1.1. Agreed orders or mediated settlement agreements containing the signatures
of all parties that disposes of all issues in the case should be submitted to
the court for prove-up by affidavit or unsworn declaration.
8.1.2. Such affidavits/declarations should be e-filed as an exhibit to the proposed
order.
8.1.3. The affidavit/declaration should contain the same information that would
be solicited during a prove-up in the courtroom from the witness to give the
court jurisdiction over the matter and to render on the agreement.
8.1.4. Upon filing, the court’s clerk should be e-mailed to ensure the order is
routed to the judges’ boxes for review; the prove-up does not need to be set
on the submission docket.
8.2. In Person (Orally)
8.2.1. A party who elects to appear in person for a prove-up may either complete
an unsworn declaration to hand the court on the record as part of its request
for rendition or prove-up orally.
8.2.2. An in-person prove-up can be scheduled online through the court’s website;
the party proving-up should appear at 8:00 a.m. to check-in with the clerk
to confirm their presence and enter the queue for persons who have
registered for an oral prove-up.
8.2.3. Unscheduled prove-ups will not be accepted unless the court has time and
there is good cause for failure to schedule the prove-up online.
9. Records
9.1. Hearing exhibits - All exhibits may be tendered to the court on a USB thumb drive
containing all exhibits being offered in lieu of by paper. Files shall be named "01 -
XXX" or in a similar manner, with the lead number designating the exhibit number.
Use of courtroom electronic equipment to avoid the need for paper is encouraged,
but paper copies may be used in hearings as desired/needed.
245th Family District Court Policies and Procedures, v.7 published 3/5/2019 Page 7 of 8
9.2. Record exhibits – Where a record is requested, all exhibits shall be tendered to the
court reporter on a USB thumb drive using the above file naming convention. At
the end of a hearing, counsel shall verify the removal of exhibits not offered during
the hearing from each side's thumb drive to ensure the record maintained by the
reporter contains only offered exhibits.
9.3. File formats - files shall be tendered as PDF or, where audio and video files are
being tendered, in the original file format that can be opened by IrfanView or VLC
Player. As stated above, an editable file will be provided in addition to the exhibit
for use by the court in making a property division where that issue is contested.
10. Appointments
10.1. Parties’ resources - resources of the parties will be considered when deciding the
private appointment of an amicus or ordering of an issue-based investigation or
custody evaluation through the Domestic Relations Office.
10.2. Wheel - a wheel will be maintained on the court's website for all appointments. The
court may deviate from the wheel for good cause.
10.3. Wheel categories -
10.3.1. attorney ad litem for parent (CPS)
10.3.2. attorney ad litem for child (CPS)
10.3.3. mediator (CPS)
10.3.4. appeal (CPS)
10.3.5. attorney ad litem for party (publication)
10.3.6. attorney ad litem (enforcement requesting contempt)
10.3.7. amicus attorney
10.3.8. mediator
10.3.9. custody evaluation
10.3.10. psychological evaluation
10.3.11. property appraisal
10.3.12. business appraisal
10.3.13. receiver (liquidation or management of business/property due to risk of
loss)
10.3.14. receiver (turnovers)
10.4. Applications for Wheel - an application for the wheel shall be posted on the court’s
website and tendered with the resume of the applicant to Melissa Love at
10.5. Vouchers for Payment by Harris County
10.5.1. Vouchers should be submitted no less frequently than every 90 days.
10.5.2. Vouchers will be accepted at the time of the hearing in paper or digitally
(which will be a requirement rolled out by the county over the coming
months). This will expedite processing and payment.
10.5.3. The actual time for court appearances should be listed on the attachment or
on the voucher itself; if listed on the attached sheet, those in-court hours
should not be included in the total submitted for payment for out-of-court
hours.
10.5.4. Billing should be in .10 hour increments.
245th Family District Court Policies and Procedures, v.7 published 3/5/2019 Page 8 of 8
10.5.5. Time spent at entry arising from a failure to timely review an order received
≥7 days prior to the entry will not be honored; entries should only be
necessary when a drafting issue is legitimately contested.
10.5.6. Any re-application for payment must be made within 90 days of the original
submission for payment in the event the original voucher has not been
signed or paid, and counsel attests by resubmitting for payment that no
payment on the original has been received.
10.6. The parties may file an agreed order for signing by submission for a specific
appointment instead of appointment by the wheel in lieu of use of the wheel should
they wish to have a specific person appointed.
10.7. CPS Appointments - persons on the wheel who are up for an appointment shall
receive three appointments at a time before being rotated to the back of the wheel,
the objective being to increase efficiency of the court and counsel by having counsel
present for multiple hearings (on time) on dates where status conferences or
permanency hearings are to be held.
11. Unbundled Representation
11.1. Limited appearances, such as counsel appearing on only a specific hearing, is
allowed to ensure litigants can have the assistance of counsel for hearings even if
they cannot afford to retain counsel for an entire case.
11.2. Counsel should request a docket entry be made, or state on the record if one is
made, the scope of his or her representation at outset of the hearing to ensure
counsel, litigants, and the court are all of the same understanding as to the scope of
representation.
12. Courtroom Conduct
12.1. Children should not be brought to court except for a scheduled in-chambers
conference or as required by a writ of attachment or for the child to participate in a
hearing as required in certain Department of Family and Protective Services cases.
12.2. Cell phones shall be placed on silent or turned off while in the courtroom. The
bailiff may hold devices that create a disturbance until offending owner’s matter is
concluded in the court.
12.3. Appropriate attire please.
12.4. No food or chewing gum.
12.5. Coffee/drinks are allowed in auto sealing containers (e.g., Contigo). You spill it,
you clean it.
13. Birth and Adoption of Child by Lead Counsel
13.1. The birth or adoption of a child by lead counsel shall create the presumption that
that attorney shall receive no less than a 90-day trial continuance upon request.
