Harris Cnty. L. R. Civ. Ct. 3

As amended through August 27, 2024

Rule 3 - FLOW OF CASES

3.1.1Filing and Assignment. Upon being filed, a case in the county civil courts at law shall be assigned randomly to the docket of one of the courts. Once assigned to a court, a case will remain on the docket of that court for all purposes unless transferred as provided in Rule 3.2.

3.2Transfer or Referral

3.2.1Prior Judgment. Any claim for relief based upon a prior judgment shall be assigned to the court of original judgment.

3.2.2Nonsuit. If a case is filed in which there is a substantial identity of parties and causes of action as in a prior nonsuited case, the later case shall be assigned to the court where the prior case was pending.

3.2.3Consolidation. A motion to consolidate cases shall be heard in the court where the lowest numbered case is pending. If the motion is granted, the consolidated case will be given the number of the lowest numbered case and assigned to the court in which that case is pending.

3.2.4Severance. If a severance is granted, the new case will be assigned to the court where the original case is pending, bearing the same file date and the same number as the original case with a numeric suffix designation; provided, however, that when a severed case has previously been consolidated from another court, the case shall upon severance be assigned to the court from which it was consolidated.

3.2.5By Agreement. Any case may be transferred from one court to another court by written order of the Administrative Judge of the County Civil Courts at Law division or by written order of the judge of the court from which the case is transferred; provided, however, that in the latter instance, the transfer must be with the written consent of the court to which the case is being transferred.

3.2.6Presiding for Another. In cases where a court presides for another court, the case shall remain pending in the original court, except as follows:

1) in any hearing on a motion for contempt, the judge who issued the order which is claimed to have been disobeyed must preside over the motion for contempt, except as otherwise provided in Sec. 21.002, Tex. Gov. Code and

2) in any hearing on a temporary restraining order, temporary injunction or writ of mandamus and/or certiorari, the judge who issues the order thereby consents pursuant to Local Rule 3.2.5 for the case to be transferred from the original court.

3.2.7Improper Court. If a case is on the docket of a county civil court at law by any manner other than as prescribed by these rules, the Administrative Judge of the County Civil Courts at Law or Administrative Judge of the Harris County Courts shall transfer the case to the proper court.

3.2.8Associate Judges. Any eviction case, or other proceeding related to an eviction case, that is filed in a county civil court at law after the date of the adoption of these rules is eligible for referral to an Associate Judge appointed pursuant to Local Rule 7, subject to any limitations imposed by that Rule or any applicable statute.

3.3Motions

3.3.1Form. Motions shall be in writing and shall be accompanied by a proposed order granting the relief sought. The proposed order shall be a separate instrument, unless the entire motion, order, signature lines, and certificate of service are all on one page.

3.3.2Submission. In the discretion of the court, motions shall state a date of submission, which shall be at least 10 days from filing, except on leave of court. The motion will be submitted to the court for filing on that date or later.

3.3.3Response. Responses shall be in writing, and shall be filed at least three (3) working days before the date of submission, except on leave of court. Failure to file a response may be considered a representation of no opposition.

3.3.4Oral argument. If a party views it as necessary, a request for oral argument must accompany the motion or response. The court may grant that request or order oral argument on its own motion. A request for an oral argument is not a response under Rule 3.3.3.

3.4Trials

3.4.1Manner of Setting. Cases shall be set for trial by order of the court.

3.4.2Date of Setting. Cases shall be set for trial for a date certain. If a case is not assigned to trial by the Friday after the date it was set, whether because of a continuance or because it was not reached, the court shall reset the case to a date certain. Unless all parties agree otherwise, the new setting must comply with all requisites of T.R.C.P. 245.

3.4.3Preference for ADR. In the discretion of the court, preference in setting cases for trial shall be given to matters in which the parties have participated in alternate dispute resolution procedures.

3.4.4Assignment to Trial. A case is assigned to trial when counsel are called to the court to commence the jury or non-jury trial on the merits. For purposes of engaged counsel, no court may have more than one case assigned to trial at any one time.

3.4.5Dead Weeks. Except with the consent of all parties, no cases will be assigned to trial on the merits during:

i. The week of the spring Eleventh Administrative Judicial Conference;

ii. The week of the State Bar Convention (June);

iii. The week of the Conference of the Judicial Section (September); and

iv. The last week of December.

3.6Dismissal Dockets. The following cases are eligible for dismissal for want of prosecution pursuant to T.R.C.P. 165a:

i. Cases on file for more than 180 days in which no answer has been filed or is required by law;

ii. Cases that have been on file for more than 18 months and are not set for trial;

iii. Cases in which a party or his attorney has failed to take any action specified by the court.

3.7Administrative Judge of the County Civil Courts at Law

3.7.1 The Administrative Judge of the County Civil Courts at Law shall be elected for a term of one calendar year by the judges of the county civil courts at law in the regular December meeting of the judges of the county civil courts at law.

3.7.2 The Administrative Judge of the County Civil Courts at Law may by written order designate any other judge of the division to act in his/her place if he/she is absent or unable to act. The judge so designated shall have all the duties and authority granted by these Rules to the Administrative Judge of the County Civil Courts at Law during the period of the designation.

Harris Cnty. L. R. Civ. Ct. 3

Amended effective 12/29/2022; As amended through 12/8/2023.