PLEASE INCLUDE A FILING LETTER WITH ALL PROPOSED ORDERS SUBMITTED AFTER A HEARING.

E-FILING Mandatory E-Filing All documents must be filed electronically with the Tarrant County District Clerk. Documents should not to be hand-delivered or faxed directly to the Court. It is counsel's responsibility to ensure that documents which they intend to become part of the Court s record are e-filed with the District Clerk's Office. E-Filing Instructions PLEASE MAKE SURE TO TYPE THE ENTIRE TITLE OF YOUR PLEADING IN THE DESCRIPTION FIELD(S). Please be concise in your title, as we only have 30 characters to input in the Court s computer program. PLEASE DO NOT SPLIT YOUR DOCUMENTS INTO SEPARATE EXHIBITS, BUT PUT EXHIBITS BEHIND THE MAIN DOCUMENT. If it is too large as one document, you may split in half or thirds. PLEASE INCLUDE A FILING LETTER WITH ALL PROPOSED ORDERS SUBMITTED AFTER A HEARING. FOR QUESTIONS PLEASE CONTACT THE COURT COORDINATOR DIRECTLY AT 817-884-2715. PLEADINGS AND MOTIONS Make sure all pleadings, motions, and other filed documents have correct titles and footers. Please title all documents as succinctly as possible. Last minute e-filed documents will probably not be available for the Court s review prior to, or during, the hearing. The Court makes every effort to review all responsive documents at least 24-48 hours prior to the scheduled hearing, so related documents should be filed timely for the Court s consideration. Copies of case law should never be e-filed. If an attorney desires to submit cases for the Court s review, do not e-file these cases, but deliver to the Court Coordinator a case law binder and corresponding pleadings. If pleadings, responses, or replies are e-filed less than 72 hours before a hearing, please email a courtesy copy to the Court Coordinator for submission to the Judge. MOTIONS: Certificates of Conference The certificates of conference required by the Texas Rules of Civil Procedure and Tarrant County Local Rules are extended to all motions, pleas, and special exceptions, including summary judgments, but not for default judgments, agreed judgments, motions for voluntary dismissal or non-suit, post-verdict motions, and motions involving substituted service of citation. You must confer person to person with opposing counsel before the Court will set a hearing on a motion which requires a conference. A certificate of conference stating that you sent a letter or email to opposing counsel and he/she did not respond is not a proper certificate of conference. Please refer to Local Rules of Court 3.06(b) for the required language. 1

Discovery Motions Always personally confer before filing any motion related to discovery. Unless prohibited by a confidentiality agreement or order, state verbatim the request(s) and answer(s) in the body of your motion or attach a copy of the discovery request(s) and response(s) at issue. Proposed orders should list each discovery issue separately. Always submit a proposed order whether you are the movant or respondent. Responses Responses should be timely e-filed in compliance with the Texas Rules of Civil Procedure. Include a proposed order with your response. Agreed Motions Agreed or unopposed motions do not have to be placed on the Court's oral hearing docket. All unopposed or agreed motions should be titled as such; agreed motions must also contain the appropriate signatures; unopposed motions must contain a certificate of conference. File the motion with the clerk for consideration. If an agreed or unopposed motion is denied without a hearing, you may request a subsequent oral hearing on that motion. Motion for Severance The motion for severance must be set either by submission or oral hearing and state the basis for the severance. The order of severance must include the following information: style of the case case number, i.e. 348-xxxxxx-xx parties to be included in the severed case documents to be included in the severed case whether the severed order disposes of the severed case or if the case shall remain active party paying for cost of the severance Motion for Default Judgment Default judgments asking for liquidated damages can be set by submission or oral hearing. Default judgments asking for unliquidated damages require an oral hearing. When proving damages in a motion for default judgment, show the Court how you calculated the damage figure and provide evidence to support your calculation. Motion for Summary Judgment Motions can be set for submission without hearing by setting a written submission deadline on the 21 st day following the e-service notice of the submission deadline (24 days after service by mail if e-service is not available to the responding party). An oral hearing may be obtained by contacting the Court Coordinator by telephone (817-884-2715). Plan ahead and do not wait until the last minute to file your motion or request a hearing. 2

Motion for Substituted Service (Rule 106) All motions for substituted service under Rule 106 must be accompanied by an affidavit that describes the efforts taken to verify that the defendant actually lives or works at the subject address, at least four attempts of service at different times of day with the specific dates and times, the identity of person(s) present at the subject address and what was said, the identity of the owners of any cars in the driveway, or other indications that the defendant resides at the subject address. All Rule 106 motions must be filed with a proposed order. Agreed Protective Orders An Agreed Protective Order which contains a provision that states that any documents filed in the records of the Court shall be sealed and not open for viewing by the general public must comply with Rule 76a of the Texas Rules of Civil Procedure. Motion to Withdraw as Attorney of Record Motions to withdraw as attorney of record require strict compliance with Rule 10 of the Texas Rules of Civil Procedure and must include home and business telephone numbers and email addresses for an unrepresented party(ies). Motions, regardless of whether they are agreed to by opposing counsel, must be set for oral hearing with notice to the client. Motions to withdraw may not be granted if filed within 60 days of a dispositive event such as a trial setting or a hearing on a motion for summary judgment. If the withdrawing attorney represents a corporation, he/she must notify the corporate party that corporations cannot proceed unrepresented by counsel in Texas courts and that if the corporation has not obtained counsel within 30 days of the order of withdrawal, either its claims may be dismissed if it is the plaintiff or the pleadings struck and a default judgment may be entered if it is the defendant Motions to Retain After the case has been retained three times on motions or notices of dismissal for want of prosecution, an oral hearing must be conducted on the fourth motion to retain or your case will be dismissed for want of prosecution. COURTROOM POLICIES Security All courtroom participants must pass through the security station and metal detectors located at the entrance of the courthouse. The carrying of guns and weapons into the courthouse is expressly forbidden by law. During the security screening process, the security personnel will require all visitors to empty their pockets and place the items in a tray for examination. All items carried into the courthouse will be thoroughly screened before the items are allowed into the courtroom. Visitors should consider this process when deciding what to wear or carry into the courthouse with them. All courtroom participants are required to sign in with the bailiff at the time of their arrival. Participants may be required to provide additional identifying and contact information as necessary. The bailiff will seat courtroom participants appropriately based upon the information provided. 3

Courtroom Etiquette All courtroom visitors and participants are expected to be calm and quiet regardless of how dramatic opposing opinions may differ or how passionately one holds to their convictions in the courtroom. Civility must be respected in the courtroom, which means that each party is entitled to speak and each party can expect a fair hearing according to the law. Dress Code Courtroom participants are expected to wear appropriate business attire in the courtroom. Courtroom participants are expected to dress neatly and to exercise common sense in selecting clothing and footwear appropriate for court. Female attorneys should were a suit, a dress, a shirt with a blouse or sweater, or tailored slacks with a professional blouse. Male attorneys should wear a suit or a sport coat with dress slacks, a collared dress shirt, and a tie. Attorneys not wearing the appropriate business attire may not be allowed to participate in courtroom hearings or trials. Electronic Devices While in the courtroom, all cellular telephones, pagers, and other electronic devices shall be turned off. This policy does not apply to the attorney(s) representing litigants at the counsel tables. Attorneys should have all electronic devices turned to the silent mode during hearings and turned off if such use becomes distracting. Recordings and Photographs Taking photographs, visual recordings, or recording audio in the courtroom is strictly forbidden unless the Judge gives express permission to use such devices. Food and Beverages No food or beverages are allowed in the courtroom except water in a spill proof container. Chewing gum and candy are not allowed in the courtroom. Authority As an elected official, the Judge not only represents the ultimate authority in the Court, but also the law. Attorneys, clients, witnesses, and jurors must observe courteous and orderly behavior at all times. Failure to follow basic courtroom etiquette could result in the participant s removal from the courtroom by the bailiff or arrested under Sec. 38.13 of the Texas Penal Code - Hindering Proceedings by Disorderly Conduct. Etiquette is essential for making a good impression. This is especially true in the courtroom where there are many stated and unstated rules of conduct for litigants, attorneys, jurors, and other attendees. HEARINGS Expedited Hearings Any party requesting an expedited or emergency hearing must file a detailed request. 4

Oral Hearing Docket Unless a matter is expressly set by written submission, all motions are to be set on the Court's oral hearing docket. All you have to do is contact the Court Coordinator and ask for an oral hearing. The Court's oral docket is regularly held on Thursdays and Fridays, subject to trials. Other days may be available for hearings subject to the Court s discretion. Do not request an oral hearing in your motion or response because the coordinator does not read the motions. Parties must file and serve notice of a hearing within 48 hours after obtaining the setting or the setting is subject to being passed by the Court without further notice. Please advise the Court Coordinator and all counsel when any hearing is passed or rescheduled. If you anticipate needing an oral hearing, please do not wait until the last minute to make your request. The Court schedules a specific number of hearings each day. Therefore, please plan ahead. Appearance by Telephone Complete telephonic hearings are only allowed if no record is to be made of the hearing and no testimony is to be taken. Subject to the Court s approval, a party who wishes to attend a courtroom hearing by telephone may do so, but is responsible for making their own arrangements to appear telephonically. Special Exceptions State verbatim the paragraph to which exception is made or attach a copy of the pleading to which you are excepting (unless the exception is only to the amount of damages sought). Proposed orders should list each exception separately. Special exceptions to pleadings filed at least seven day prior to trial must be filed and heard before trial commences or they are waived. Faxes Documents are not to be faxed directly to the Court's fax machine without express authorization. Documents faxed without authorization may be destroyed. The staff of the 348th District Court is not responsible for ensuring that any documents sent by fax become part of the Court's file. It is counsel's responsibility to ensure that documents which they intend to become part of the record are properly e-filed with the District Clerk's Office. Continuances Continuances should be filed early and should state that the client consents to the requested continuance. Joint motions will not necessarily be granted. The more details you have in your motion, the better the chance for it being granted. If agreed, and it is the FIRST or SECOND continuance, a hearing is not required unless, after reviewing the motion, the Court deems one necessary. THIRD continuances, or any continuance on a case on file at least 18 months, must demonstrate substantial need for a delay of the trial setting and must be set for oral hearing whether agreed or opposed. If you agree to a setting, any conflicting vacation letter by counsel will be waived. All continuances must be verified. Temporary Injunctions Temporary injunctions are set on Mondays at 8:30 a.m. unless otherwise ordered. It is imperative that we know whether you are ready to proceed with the hearing and how long the hearing will 5

take. We may need to reschedule your hearing and extend the temporary restraining order until a time available for the Court. Do not bring your witnesses to Court until you have first spoken to the Court Coordinator! PRE-TRIAL SCHEDULING ORDERS Level 3 Cases (Rule 190.4) The only way for a case to be a Level 3 case is for the Court to sign an appropriate scheduling order under Tex. R. Civ. P. 190.4. The basic format for a Level 3 pre-trial scheduling order is found under preferred forms on this Court s website. This is the required format unless the Court approves modifications on a case-by-case basis for good cause shown. The deadlines in the scheduling order shall survive the continuance of a trial setting in the case unless agreed in writing by the parties or amended by the Court. Level 1 Cases (Rule 190.2) and Level 2 Cases (Rule 190.3) See Texas Rules of Civil Procedure. In Level 1 and 2 cases, except on leave of Court for good cause, objections to the qualifications of experts and to the admissibility of their opinions (Tex. R. Evid. 702, Daubert/Robinson, and Tex. R. Civ. P. 193.6) must be filed and served at least 30 days before trial commences and heard before commencement of trial or they are deemed waived. Parties should carefully calculate and diary Level 1 and 2 pre-trial deadlines. Failure to diary deadlines may not be persuasive as an excuse for being ready for trial. Level 1 and 2 deadlines established according to the first trial setting date will survive the first setting and continue to govern the case unless otherwise agreed in writing by the parties or ordered by the Court. TRIALS Unless ordered otherwise, follow the Texas Rules of Civil Procedure and Rules of Evidence, Tarrant County Local Rules, and your scheduling order. Time for voir dire depends on the complexity of the case. The Court does not generally limit time for voir dire or opening statements, but may impose restrictions if counsel becomes repetitive, argumentative, or wasteful of time. After the general voir dire, individual jurors may be questioned at the bench for cause. Do not unilaterally bring a jury questionnaire to the first day of trial. Discuss this with the Court at an earlier status conference. No jury questionnaire will be permitted unless agreed by all counsel. The Court generally orders venire panels of 40 unless notified of a need for more at least 30 days prior to trial. Tarrant County utilizes two methods of juror assignment--electronic and traditional jury processing through the Central Jury Room. This Court may utilize either source for any given trial. Objections to the source of the venire panel must be made and heard by the Thursday before trial at 2 p.m. or such objections are waived. Parties are encouraged not to duplicate exhibits. Before trial commences, each party should have one set of their exhibits for the Court Reporter, numbered, in a 3-ring binder, as the official exhibits and a duplicate set for the Judge, along with providing each opposing counsel with a duplicate set unless otherwise agreed. 6

GENERAL TRIAL GUIDELINES Docket Call Docket call is the Thursday before trial at 2 p.m. If you know beforehand that your case has settled or been moved to a different date, please contact the Court Coordinator so that the trial docket can be updated as soon as possible. Pre-Trial Documents Unless otherwise ordered, pre-trial documents are to be filed no later than 2 p.m. on the Thursday prior to the commencement of trial. If the documents are voluminous, please put a courtesy copy in a three-ring binder for the Judge and deliver to the Court Coordinator. A pretrial hearing will typically be at 9 a.m. the morning of trial unless ordered otherwise. The Court expects you to arrive at 8:30 a.m. to confer on matters with opposing counsel. If the pre-trial motions will be complex, a pre-trial conference will be set a week or two prior to the trial. Documents will be due prior to the pre-trial hearing in accordance with the pre-trial scheduling order. Trial Hours Typical trial hours are from 9 a.m. to 4:45 p.m. with lunch from 12:00 Noon to 1:30 p.m. The courthouse closes at 5 p.m. and the juror buses stop running at 7 p.m. If it is anticipated that the trial will need to go past 5 p.m., counsel should notify the Court at least one day in advance to allow for additional security resources. Access to Court Facilities Witnesses and parties are not to enter the restricted areas of the courtroom unless permitted. Witnesses and parties will go to another floor to use the restroom facilities during jury breaks. Witnesses are to stay in the assigned conference rooms until they are called. Trial Equipment Visual Document Presenter Touch screen drawing monitor at the podium and witness stand Computer monitors at all counsel tables and jury box HDMI and Super VGA connectors at the podium and counsel tables Microphones Wi-Fi access (Hidden Access Manually) Conference Room Counsel table power outlets Conference Calling / Webex (Approval required by the Judge) Easels Kleenex, fresh water and cups 7

Non Trial Equipment The Court s printer, copier, fax, paper, general office supplies and storage space are not provided by the Court to counsel. Counsel is encouraged to bring these items to Court. Counsel Standing Counsel shall stand at the podium and microphone when addressing the Court or jury or examining a witness. Counsel may move about the courtroom only on the approval by the Court. Counsel shall request permission prior to approaching a witness or the bench. Voir Dire Before voir dire begins, the attorneys will be given a voir dire package by the bailiff. This package will include a seating chart, questionnaires, and list of jurors by name. At the end of voir dire these documents should be returned to the bailiff for proper disposal. Voir dire consists of group and individual sessions. The group voir dire includes the Court s introduction and the party s general questions and answers examination. During the group voir dire, counsel shall not challenge for cause in front of the panel nor allow the panel to be tainted by a panel member s response. After the conclusion of the group voir dire, attorneys may call any panel member for individual voir dire to elucidate grounds for cause, cover areas of concern raised by a juror s responses during the group voir dire, or for like reasons. Reported Voir Dire Counsel must request voir dire to be reported. If voir dire is reported, counsel should ensure that a panel member is identified for the record before soliciting their comments. Numbering of Exhibits Exhibits are to be numbered as set forth in counsel s exhibit list. Use of Exhibits Exhibits may be displayed on the visual presenter or digitally using a computer and the supplied HDMI or Super VGA connectors. Exhibits can be seen on all courtroom monitors and heard on all courtroom speakers. It is counsel s responsibility to ensure that documents displayed on monitors have been first admitted in evidence and redacted, if necessary, to comply with the Court s rulings. Large Exhibits Exhibits exceeding 8 ½ x 11 in size will be accompanied by an 8 ½ x 11 copy. After completion of trial, the court reporter will retain only the 8 ½ x 11 copy and the original exhibit will be returned to the offering party. 8

Demonstrative Exhibits and Trial Aids Demonstrative exhibits and trial aids may be used by all counsel. Counsel shall not mark on or attach any item to an opposing counsel s demonstrative exhibit while using it. Deposition Excerpts Prior to reading a deposition into evidence, counsel will identify the portion to be read by page and line, noting the ending point for each segment. If the deposition is by video, it is expected that the offering party will furnish the court reporter with a marked deposition transcript prior to playing the deposition. Video depositions are not reported stenographically by the court reporter. Do not visually display pages from depositions as part of direct or cross-examination. Witness Witnesses are required to remain seated in the witness stand during their testimony. The Court may grant permission for the witness to move to some other location while testifying. If a witness is allowed to move about the courtroom, the witness will be so situated so the court reporter can clearly hear the testimony and the jurors can see and hear the witness. Court s Charge/Findings of Fact and Conclusions of Law: Each side shall file its proposed jury charge, or proposed findings of fact and conclusions of law, in non-jury cases in electronic format (Microsoft Word) by Thursday before commencement of trial. 9