What is the Harris County District Court?
The Harris County District Court is a specialized court system within Texas, which serves as part of the judicial branch of the state. The individual Courts usually follow the authority of the Texas Constitution and the Texas Legislature, which include the jurisdiction and administration of courts, and statutory procedures, respectively . Legal practitioners and the general public rely on local rules to understand and navigate the complexities of the court system, and local rules can have special importance in trial courts, where there are often many local procedures. Harris County District Court Local Rules makes an effort to streamline the process by which practitioners and the public can find the resources and information they need.
Local Rules in Harris County District Court
"Local rules" refer to a collection of procedural rules specific to a local jurisdiction, such as the Harris County District Court. Local rules exist to complement the general rules that statewide district courts and judges are expected to follow. They set forth additional requirements, procedures, forms, and perhaps most importantly, some court-specific nuances for how certain things work. These additional requirements are typically premised on the unique procedural challenges and needs of that locality.
For example, a local rule may require that a party filing certain types of documents be certain number of pages or in a specific format. The same court may have unique requirements for document e-filing. Local rules may also provide timing requirements for hearings, summary judgment motion deadlines, and visitation guidelines. Accordingly, a party in a Harris County District Court case would need to consult both the general district rules as well as the local rules specific to that court.
Some rules, however, are generally applied state-wide, and would not be considered local rules. For instance, the rules for service of citation (summons) and citation by publication by a Texas civil court is set forth in Texas Rule of Civil Procedure 106. Harris County courts would still utilize these rules as their "local rules" for those particular matters. In the event a rule would apply in a Harris County District Court and it has not been addressed in a local rule, the party would then follow the Texas Rules of Civil Procedure. If you have a question about the general Texas Rules of Civil Procedure and what local rules might be in play, you should consult an attorney for more information.
In regards to a Harris County divorce, there are numerous local rules that have been implemented by the court. An example of a common local rule might require that pleadings or motions for divorce, modification, or enforcement be filed in a certain format. In this instance, the format part of the local rules would add a procedural requirement that is not dictated by general Texas rules. In such a case, the requirement would either be to specifically set out the request at issue in the same manner as you would for any other type of motion or special exception, or follow the local rule as provided by the applicable Harris County court.
Areas Covered by the Local Rules
The local rules of the courts are meant to govern key areas of the court process, including filing and submission of documents, courtroom decorum and courtroom procedure, hearings, pretrial procedures, trials, post-trial procedures and motions for new trials, appeals and extraordinary relief. They also address appeals to the Texas Supreme Court from decisions regarding jurisdiction, venue, recusal or disqualification, transfer, consolidation or consolidation with another case, death penalty appeals, surface mining appeals, and other circumstances as permitted by law. The local rules establish processes for notice by publication, costs and security for costs, citations and service of process and enforcement of interlocutory orders.
Local rules also govern the creation and submission of media requests and media guidelines that are meant to provide guidance for the recording and broadcasting of court proceedings affecting the rights and privileges of individuals. They speak to pro se litigants and protections afforded to parties appearing in person and through counsel as well as juries, juror appearance and service, juror selection and duties, juror compensation and emergencies. They also cover the financial disclosure of attorneys and the signing and certification of pleadings.
How Attorneys Comply with Local Rules
When it comes to complying with local rules, litigators are often left with conflicting and incomplete information. Many attorneys complain about the lack of guidance offered by local rules, particularly when it comes to the ever-growing number of practice guides and online resources. The Harris County District Court would not be the first district court to have thought their local rules could use some improvement, though it is one of the few to think highly of its own local rules. The allure of those local rules, then, is clear for litigants in Harris County and elsewhere: local rules that actually offer legal guidance. Obviously, then, as rhetorical as the question may be, how do litigants stay compliant with the local rules? The short answer is that it requires diligence. Part of a well-practiced litigation strategy will include periodic review of the local rules, particularly whenever depositions, hearings, or other litigation milestones are approaching. Ways to ensure compliance while maintaining sanity include: When in doubt, ask another attorney you trust, particularly if you are a new attorney or new to the area. There are many ways to locate an attorney who specializes in local rules compliance, such as searching online legal forums, visiting the State Bar of Texas, or accessing one of the many lawyer referral services. Although on the surface this strategy seems time consuming, technology has made locating an attorney much easier, particularly as most of the guides and associations mentioned above are available online today. Regardless, the fact remains that knowing the local rules is as important as ever, even if an attorney does not want to admit it.
What Happens for Those who Don’t Follow the Local Rules?
The Local Rules of Harris County District Court are not merely friendly reminders; they are commands. Compliance is the gold standard, and failure to meet those commands can lead to severe consequences. From the imposition of monetary sanctions to the striking of pleadings, even dismissal of your case is a possibility. Penalties may be levied for anything from skipping the mandatory initial disclosures under HP-3 to failing to include required documents in certain motions to disobedience of court orders, as well as procedural errors like failing to timely respond to discovery requests and attending scheduled hearings. This is not an exhaustive list. A full appendices of the potential sanctions for non-compliance is available in HP-2 § 3.1 . Simply put, there is a substantial downside for failing to follow the rules of the Harris County District Courts.
Sanctions are often progressive in nature, meaning that as you continue to violate the Local Rules, the punishment becomes more severe – fines increase, and striking pleadings and/or dismissals become more likely. For example, the most common penalty for creating and filing a deficient certificate of conference is to return the document for correction, but, if the offending party continues to create inadequate documents, fines get steeper. However, ultimately it’s up to the Judge on how the sanction is applied in a given case. That’s why it is important to understand exactly what is required for compliance – missteps can be costly.
Changes to the Local Rules
Every three years the Harris County District Court reviews and amends their local rules on civil procedures. Much of the local civil procedure is based on the Texas Rules of Civil Procedure, the Federal Rules of Civil Procedure or the Civil Practice and Remedies Code. However, there are local rules that practice and procedure unique to the Harris County District Court. Because the court has a final say in the style and manner of litigation in the court these local rules are exceedingly important for practitioners. For the Harris County District Court the use of local rules are mandatory as per Local Rule 1.2.
The last time the Harris County District Court had local rules update was June 30,2015. The most significant change to the local rules was the introduction of the Administrative Order 14-1075, which designated December 15, 2015 as the Harris County District Courts’ trial or hearing day. Parties or their attorneys must appear in the assigned court at 9:00 am on the first trial/hearing day for their trial or hearing. If the judge is unavailable, the district clerk will make an announcement on the record to set forth the new date when that hearing will occur. Previously, there was no such requirement, and parties and judges involved in stringing along the parties in limbo about when their case would be heard. Now that there is no uncertainty, cases should be resolved quicker and therefore allowing for more trials in a year. Overall, it is a win-win for all parties involved.
Other significant changes include the change from 4 to 7 days in advance for pre-hearing disclosures. Additionally docket control orders are no longer to be issued in one of the following manners. It also appears that they are no longer required to be filed into the Court’s electronic filing system.
Resources for Local Rules
Harris County District Court local rules can be found on the Harris County District Clerk website. That is the 1st place to go to understand the local court rules for Harris County.
Also , the Harris County District Clerk office has a legal resources page where they answer common questions. The legal resources page even has a checklist for civil cases. You might find it helpful.
Legal publishers like Lexis and Westlaw do a pretty good job of keeping the court rules up-to-date.
Publishers of books and websites for lawyers like The Houston Lawyer flag the local rules in an effort to alert lawyers regarding local court rules.
Local Bar Associations also have publications which may summarize or even provide the local court rules.
