Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 18. Dismissal for Want of Prosecution by the Court

18.1. Case Selection.  The following cases are eligible for dismissal for want of prosecution sua sponte by the Court:

18.2. Copies to District Court Administrator.  A copy of notices, motions, and pleadings required to be filed by this Chapter also must be delivered to the office of the District Court Administrator.

18.3. Notice and Summary Dismissal if No Motion to Retain.  The Clerk will send notice to the parties of the Court's intention to dismiss and the date and place of the dismissal hearing.  Any case set for dismissal will be dismissed without further proceedings on the dismissal date indicated in the notice of dismissal unless at least one party files a motion to retain that complies with the requirements of this Chapter and the Court finds good cause for the case to be maintained on the docket.  Failure to appear at the dismissal hearing will result in the dismissal of the case.

If counsel receives a notice of dismissal of a previously dismissed or concluded case, they may contact the District Court Administrator's office with documentation of the prior dismissal and the matter will be removed from the dismissal docket.

18.4. Pocket Settings.  No settings may be obtained in cases set for dismissal until the dismissal docket process is complete, except with leave of court.

18.5. Motions to Retain and Objections to Motions to Retain.  Motions to retain must set forth the factual and legal basis for retaining the case and must be filed at least 14 days prior to the dismissal date specified in the notice of dismissal.

Any objection to a motion to retain must be filed at least 7 days prior to the dismissal date specified in the notice of dismissal.

18.6. Objection to Mediation

18.7. No Discovery.  No further discovery may be conducted in cases retained by the Court and ordered to complete mediation unless permitted by court order.  Further discovery will not extend the deadlines prescribed in this Chapter unless ordered by the Court.

18.8. Trial Settings.  Cases set for trial after entry of an order to retain may not be removed from the Docket by agreement.