Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 9. Settings

9.1. Certificate of Conference Requirements.  Prior to setting any hearing, the parties must make reasonable efforts to actually speak to one another regarding the date and time of the hearing and the substance of the motion in a genuine effort to narrow their disputes before seeking court intervention.  To that end, every notice of setting must include a certificate of conference confirming that “counsel has conferred with (or made reasonable efforts to confer with) all parties about the date and time of the setting as well as the proposed time announcement.”

The requirement of a certificate of conference confirming that the parties have attempted to confer about the date and time of a setting should not be construed as a requirement that the parties must agree on a trial setting.  In the absence of an agreement, any hearing or trial may be set at the discretion of the office of the District Court Administrator.

Additionally, every motion (other than dispositive motions) must contain a certificate of conference certifying either:

1. “Counsel has conferred with all parties who may be affected by the relief sought in this motion in a good faith effort to resolve or narrow the issues raised.”;  or

2. “Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in this motion but has been unable to do so.”

The District Court and the office of the District Court Administrator retain discretion to strike any setting in which the motion and any amendment thereof does not include such certificates.

9.2. Setting Hearings and Trials.  For any setting other than a setting for a final trial, the motion being set must be on file before a party may request a setting.

All civil jury and non-jury matters will be set by the office of the District Court Administrator upon written or oral request of any party.  All matters will be scheduled based upon the estimate of the total time required for the hearing and the availability of the District and Family Courts.

Each request for a setting must include an estimate of the total amount of time required for the entire hearing or trial, on all matters, for all participants, including the time necessary to read any materials presented.  For jury trials, the total announced time must include time for consideration of all pretrial motions, voir dire, opening statements, evidence, charge conference, closing argument and deliberation.  Please note that a half-day hearing usually includes a break, and a full-day hearing includes breaks in the morning and afternoon as well as a lunch break.  As a result, a half-day hearing generally provides fewer than three hours, and a full-day hearing generally provides fewer than six hours.

Any matter which the Court determines cannot reasonably be heard within the announced time will be rescheduled at the discretion of the Court.

9.3. Notice of Setting.  Neither the Court nor the office of the District Court Administrator sends notices of settings on civil matters.  The party who obtains the setting pursuant to Local Rule 9.2 must give notice to all parties of the time and date of a setting and the total time needed for the entire hearing for all participants.  Notice must be given in the manner and within the time provided by the Texas Rules of Civil Procedure.

A written Notice of Setting must be e-filed for approval by the office of the District Court Administrator no later than seven (7) days after a hearing or trial date is obtained from the appropriate court coordinator.  No matter will be considered as being formally set for hearing in the absence of a Notice of Setting that has been approved by the office of the District Court Administrator.

Notice must be served on all parties on the same day that the notice of setting is approved by the office of the District Court Administrator, and any delay in sending notice may be argued by opposing counsel as a basis for continuance.

All Notices of Setting must include the following:

9.4. Nonconforming Notices of Setting.  The District Courts and the office of the District Court Administrator retain discretion to reject or strike any Notice of Setting which does not conform with these Rules.

Any matter that the Court determines cannot reasonably be heard within the announced time will be rescheduled at the discretion of the Court.

9.5. Orders Setting Cases.  No order setting a case for hearing or trial on the merits should be presented to a judge for signature except when a show cause order or order to appear is necessary or when some rule of law requires an order for a setting to be signed by a judge.  Any show cause order or other order setting a case presented for signature by a judge must be contained in a separate document and not combined with any pleading or motion.  In the event a judge signs an order for a setting, the setting must still be made through the District Court Administrator's office.  However, under such circumstances, a separate Notice of Setting is not required.

9.6. Agreement to Pass Setting.  Once a written Notice of Setting is signed by the District Court Administrator's office, a setting may not be passed except by agreement of all counsel.  Counsel must notify the District Court Administrator's office of an agreement to pass.  The failure of counsel to promptly notify the District Court Administrator's office of an agreement to pass a setting may result in the imposition of sanctions against counsel.