Uniform Rules of Court

1.111 REQUEST FOR SETTINGS Request for settings must be in writing and delivered to the appropriate clerk no later than the 15th day of the second calendar month prior to the requested setting.

1.112 The party requesting the setting shall give timely notice to opposing counsel.

1.113 The fee required by Rule 216 T.R.C.P. must accompany the request or the case will not be placed on the docket jury trial.

1.114 CONCLUSION OF LITIGATION TO BE HEARD BY A JURY. Civil jury cases should be concluded within 18 months from appearance date.

1.12 NON-JURY TRIALS AND HEARINGS

1.121 UNCONTESTED. Uncontested matters to be disposed prior to their contested docket setting need not be docketed. These matters may be heard on the day and times posted by the judge of each court.

1.122 CONTESTED. Contested matters not specifically set upon a court's own motion must be set at the times set forth in the exhibits attached hereto.

1.123 CONCLUSION OF CIVIL NON JURY LITIGATION. Civil non jury cases should be concluded within 12 months from appearance date unless a shorter time period is provided by the judge presiding over the case.

1.13 In the event a request for setting is not made, the clerk of the court shall set the matter for the trial at the convenience of the court no later than 150 days after the appearance date in all civil cases other than those brought under the provisions of the Family Code.

1.14 In the event a request for setting is not made in a Family Code case, the clerk shall set the matter for final disposition no later than 75 days after the appearance date or within 75 days from the expiration of the waiting period provided by the Family Code where such is required, whichever is later unless a shorter period is required by law.

2.0 ANNOUNCEMENT OF TRIAL REDINESS OR SETTLEMENT.

2.1 CIVIL Any party seeking affirmative relief must announce "ready," "not ready" or all parties must announce an agreed "pass" not less than five (5) or more than fifteen (15) days prior to the week of the trial setting. A failure to announce may result in dismissal of the action for want of prosecution. A party not seeking affirmative relief participating in an "agreed pass" need not announce but must appear at the time set for trial unless notified otherwise by the judge of that court, clerk of the court coordinator.

2.2 CRIMINAL The State must appear at all docket calls to announce "ready or "not ready". Unless an announcement of "ready" for trial is made in writing not less than one (1) nor more than seven (7) days prior to docket call, the defendant shall appear at docket call. An announcement of ready is a representation to the court signed by the defense attorney and defendant is available for trial and has actually received noticed of the setting for which the announcement is made.

2.3 SETTLEMENT Final orders on civil cases accounced settled shall be submitted to the court within thirty (30) days after the announcement or the case will be dismissed for want of prosecution unless good cause is shown why the case should not be dismissed.

2.4 APPLICABILITY This section does not apply to motion dockets, pre-trial matters, guilty plea or probation revocation settings.

3.0 PASSES, CONTINUANCES, CONFLICTING ENGAGEMENTS AND LAWYER VACATIONS.

3.1 A "continuance" is a delay of a trial or hearing charged against all parties to the requesting party.

3.2 A "pass" is a delay of a trial or hearing charged against all parties to the action.

3.3 A first continuance or pass will generally be granted on or prior to announcement day. Subsequent continuance or passes may be granted only when required for a fair disposition of litigation or when a setting is in conflict with a setting having a higher priority under the rules. Substitution of counsel is ordinarily not good cause for a subsequent continuance. A case passed or continued because of an attorney's vacation may not receive a setting fewer than 30 days from a previous setting except upon agreement of the parties or upon good cause shown.

3.4 A "conflicting engagement" exists when an attorney is already in trial in another court or an attorney is assigned to more than one court for the same date.

3.41 When an attorney is presently in trial, that attorney shall inform other courts of the court and cause number of the conflicting trial. This information will be verified upon request of opposing counsel. The case will be placed on "hold" or reset depending on when the attorney will be released. If the attorney is not actually in trial as represented by the attorney or his or her agent, civil cases will be tried without further notice.

3.42 It is the duty of an attorney to call the affected judges' attentions to all multiple settings as soon as they are known. Insofar as practicable, judges should attempt to agree on which case has priority, otherwise, the following priorities shall be observed by the judges of the respective courts:

a. Criminal cases
b. Cases given preference by statute
c. Preferentially set cases
d. Case with earliest filing date
e. Case set at earliest date by court official
f. The courts of Denton County will yield to courts in rural counties in an instance of conflicting settings where necessary to utilize a called jury panel.

3.5 EFFECT OF CONTINUANCES, PASSES AND PRETRIAL SCHEDULING ORDERS
A non Family Code is contained or passed from its first trial setting, the party obtaining the continuance or the parties agreeing to the pass shall file within two weeks from the date the pass or motion for continuance is granted a proposed order setting forth the following:

a. Schedule for discovery
b. Pretrial date or a statement that a pretrial will not be necessary
c. Trial date
d. A list of that party's proposed expert witnesses along with the witnesses' address, telephone numbers and area of expertise. Any expert not listed shall not be called as a witness.

A copy of the proposed order shall be served upon all parties. Any party may, within 10 days after service of the proposed order, request a hearing on the proposed order to be held upon reasonable notice to all parties.
Complex cases shall be exempted from this section if a pre-hearing conference is scheduled and held within thirty days after the appearance date. A determination of whether or not the case is complex shall be made by the court at the hearing.
A failure to comply with this section will result in the imposition of sanctions upon the party or parties not in compliance.

4.0 FAILURE TO APPEAR FOR A CIVIL SETTING Failure of the Plaintiff or moving party to appear at any scheduled trial or hearing will result in the dismissal of the law suit or the waiver of the matters presented in the motion scheduled for hearing.

5.0 SPECIAL RULES FOR FAMILY LAW CASES.

5.1 CONCLUSION OF CONTESTED FAMILY CODE CASES. Contested Family Code cases should be concluded within six months from the appearance date or within six months from the expiration of the waiting period provided by the Family Code where such is required.

5.2 CONCLUSION OF UNCONTESTED FAMILY CODE CASES. Uncontested Family Code cases should be concluded within 3 months from appearance date or within 3 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.

5.3 DIVORCE CASES.

5.31 A sworn inventory and appraisement of all property, both real and personal, owned or claimed by the parties, and a list of all debts and liabilities owed by the parties shall be filed by the petitioner and any party seeking affirmative relief within three months after the appearance date. Unless leave of court is granted for a late filing of the sworn inventory and list of debts, the action will be dismissed for want of prosecution.

5.32 A sworn statement of income and monthly expenses shall be filed by the petitioner within three months after the appearance date. Unless leave of court is granted for a late filling of the sworn statement of income and monthly expenses, the action will be dismissed for want of prosecution.

5.4 CONTESTED CONSERVATORSHIP CASES.
A social study shall be submitted to the Court and opposing counsel at least fifteen (15) days prior to trial by the litigant obtaining the trial setting.

5.5 Juvenile Cases

6.0 DOCKET CALLS, ARRAIGNMENTS AND PRE-TRIAL : The time for docket calls, arraignments and pretrial hearings on all cases shall be governed by the judge of the court in which the case is docketed.

7.0 SPEEDY DISPOSITION OF CRIMINAL CASES. Justice demands the speedy disposition of all criminal cases.

7.1 All felony cases should be set for trial no later than 45 days after indictment or arrest whichever period is longer.

7.2 Misdemeanor cases shall be set for trial no later 90 days after jurisdiction over the case is acquired by the court.

7.3 Cases not reached on the set may be carried to day to day at the discretion of the trial judge.

7.4 The trial preference for docket cases be as follows:
Cases in which:

a. The defendant is incarcerated in the Denton County jail.
b. Cases set preferentially by the court.
c. A child is the victim.
d. A crime of violence is alleged.
All other cases will be tried in order of their age. The oldest cases shall be tried first.

8.0 ATTORNEYS AS BONDSMEN.

8.1 Any attorney who executes a bail or an appeal bond as a surety will be deemed to be the attorney for the person for whom the bond was made. Persons released from jail under such a bail will not be assigned court appointed attorneys. If a court appointed attorney has previously been assigned to the person for whom a bail bond is posted, the court appointed attorney will ordinarily be allowed to withdraw the case.

9.0 COURTROOM DECORUM All attorneys shall be responsible for familiarizing their clients witnesses and all other people who are in attendance of the attorney of proper courtroom decorum. Attorneys as officers of the court shall assist in maintaining proper decorum.

9.1 Each daily session of the court shall be brought by announcement of the bailiff, clerk or other officer of the court requiring all to rise as the judge takes the bench.

9.2 All in attendance shall be attentive to the proceedings and cause no distraction. Conferences, discussions or conversations to which the court is not privy shall not take place in the courtroom while court is in session.

9.3 Beverages and edibles, including chewing gum, should not be brought into the courtroom.

9.4 No one should sit on railing, table, desk, chair arms, or prop one's feet on the furniture or fixtures.

9.5 Everyone should be attired in a manner enhancing the dignity of the court.

9.6 Gestures, facial expressions, or sounds indicating approval or disapproval of any proceeding should be avoided.

9.7 All trial participants shall be prompt. All witnesses shall be available when called.

9.8 The court and attorneys shall address each other without familiarity. The use of first names should be avoided.

9.9 After reporting their presence to the bailiff, attorneys should remain behind the bar until their case is called, they are asked to approach the bench or they are requested to sit inside the bar.

9.10 Attorneys shall remain seated at the counsel table during all proceedings except when addressing the court or jury or when leave has been granted to approach the bench, witness, board or to publish an exhibit to the jury.

9.11 Objection shall be in proper legal form. Argument will not be entertained by the Court on an objection except upon leave of Court granted.

9.12 The State, plaintiff, or moving party shall be seated at the counsel table or side of the counsel table nearer the jury box.

9.13 Overt advertising, campaign buttons and other materials are prohibited

10.0 OTHER RULES. Each court may adopt such other rules that are consistent with these uniform rules, the Texas Rules of Civil Procedure, and the laws of the State of Texas as such rules may be required for the fair and efficient administration of justice.

ORDER ADOPTING UNIFORM RULES OF COURT FOR THE DISTRICT AND STATUTORY COUNTY COURTS OF DENTON COUNTY, TEXAS

WHEREAS, uniform rules of court for the District and Statutory County Courts of Denton County, Texas are needed to effectuate the efficient and effective administration of justice; and

WHEREAS, uniform rules of court for the District and Statutory County Courts of Denton County, Texas will simplify the practice of law before the various courts within Denton County, Texas;

NOW, THEREFORE, IT IS ORDERED BY THE DISTRICT AND STATUTORY COUNTY JUDGES OF DENTON COUNTY THAT THE UNIFORM RULES OF COURT FOR THE DISTRICT AND STATUTORY COUNTY COURTS OF DENTON COUNTY, TEXAS AFFIXED HERETO ARE EFFECTIVE IMMEDIATELY SUBJECT TO APPROVAL AS REQUIRED BY LAW.