No. 14-15-00449-CV

IN THE COURT OF APPEALS 

FOR THE FOURTEENTH JUDICIAL DISTRICT

HOUSTON, TEXAS

THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, 

 APPELLANT, 

V.

CAROLYN CALLAS, RAY CALLAS AND JAMIE CALLAS, INDIVIDUALLY 

AND AS THE REPRESENTATIVES OF THE ESTATE OF GERALD CALLAS 

AND FOR AND ON BEHALF OF ANY WRONGFUL DEATH 

BENEFICIARIES, 

 APPELLEES. 

On Appeal from the 212th Judicial District Court

Galveston County, Texas

No. 14-CV-0927

 APPELLANT’S BRIEF

KEN PAXTON S. RONALD KEISTER

Attorney General of Texas Assistant Attorney General

 Attorney-In-Charge 

CHARLES E. ROY State Bar Number 11185300

First Assistant Attorney General 

 Tort Litigation Division

JAMES E. DAVIS P.O. Box 12548, MC-030

Deputy Attorney General for Austin, Texas 78711-2548

Civil Litigation TEL: (512) 463-2197 

 FAX: (512) 457-4435 

KARA L. KENNEDY ronny.keister@texasattorneygeneral.gov 

Chief, Tort Litigation Division COUNSEL FOR APPELLANT

ORAL ARGUMENT REQUESTED

ACCEPTED

14-15-00449-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

7/31/2015 10:25:30 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 7/31/2015 10:25:30 AM CHRISTOPHER A. PRINE Clerk
ii

IDENTITY OF PARTIES AND COUNSEL

APPELLANT / DEFENDANT:

1. The University of Texas Medical Branch at Galveston

2. Attorney of Record:

S. Ronald Keister

Assistant Attorney General

Attorney-In-Charge

Tort Litigation Division

P.O. Box 12548

Austin, Texas 78711-2548

Tel: (512) 463-2197

Fax: (512) 457-4435

E-Mail: ronny.keister@texasattorneygeneral.gov

APPELLEES / PLAINTIFFS:

1. Carolyn Callas, Individually and as the Representative of the Estate of 

Gerald Callas;

2. Ray Callas, Individually and as the Representative of the Estate of Gerald 

Callas;

3. Jamie Callas, Individually and as the Representative of the Estate of Gerald 

Callas.

4. Attorney of Record:

Brian D. Sutton

Sutton & Jacobs, LLP

Attorneys and Counselors at Law

850 Park Street

Beaumont, Texas 77701

Tel: (409) 833-1100

Fax: (409) 833-0711

E-Mail: brians@sutton-jacobs.com
iii

TRIAL COURT JUDGE:

Judge Patricia Grady, Presiding

212th Judicial District Court

600 59th Street, Suite 4204

Galveston, Texas 77551-4198 
iv

TABLE OF CONTENTS

IDENTITY OF PARTIES AND COUNSEL........................................................ ii

TABLE OF CONTENTS......................................................................................iv

INDEX OF AUTHORITIES.................................................................................vi

STATEMENT OF THE CASE........................................................................... xii

REQUEST FOR ORAL ARGUMENT ..............................................................xiv

ISSUES PRESENTED.........................................................................................xv

 

APPELLANT’S BRIEF .........................................................................................1

STATEMENT OF FACTS.....................................................................................2

SUMMARY OF THE ARGUMENT.....................................................................6

ARGUMENT .........................................................................................................8

ISSUE ONE

THE TRIAL COURT ERRED IN FAILING TO DISMISS THIS CAUSE OF 

ACTION PURSUANT TO SECTION 74.351(b) OF THE TEXAS CIVIL 

PRACTICE & REMEDIES CODE AS THE APPELLEES FAILED TO 

COMPLETE SERVICE OF THEIR EXPERT REPORT AND CURRICULUM 

VITAE WITHIN 120 DAYS OF THE FILING OF APPELLANT’S ORIGINAL 

ANSWER:..............................................................................................................8

A) APPELLEES’ EXPERT REPORT AND CURRICULUM VITAE 

WERE DUE ON OR BEFORE JANUARY 31, 2015; HOWEVER, 

SERVICE OF THE EXPERT REPORT WAS NOT COMPLETED, IF 

AT ALL, UNTIL FEBRUARY 12, 2015;............................................14

B) APPELLEES’ ATTEMPTED EMAIL SERVICE OF THEIR EXPERT 

REPORT AND CURRICULUM VITAE WAS NOT PROPER AS 

ELECTRONIC SERVICE WAS MANDATED BY RULE 21a(a)(1), 

TRCP; ...................................................................................................20
v

C) APPELLEES’ ATTEMPTED EMAIL SERVICE OF THEIR EXPERT 

REPORT AND CURRICULUM VITAE ON SATURDAY, JANUARY 

31, 2015, AT 6:27 P.M., IF IT HAD BEEN COMPLETED, WOULD 

HAVE BEEN DEEMED SERVED ON FEBRUARY 2, 2015;..........24

D) RULE 4, TRCP, DID NOT EXTEND THE APPELLEES’ SERVICE 

DEADLINE TO MONDAY, FEBRUARY 2, 2015, AS THE TEXAS 

SUPREME COURT HAS MANDATED “STRICT COMPLIANCE” 

WITH THE 120 DAY SERVICE REQUIREMENT OF SECTION 

74.351(a); AND, IF RULE 4 DOES APPLY, THE CASE STILL MUST 

BE DISMISSED AS PROPER SERVICE WAS NOT COMPLETED 

ON OR BEFORE FEBRUARY 2, 2015. .............................................32

PRAYER FOR RELIEF.......................................................................................36

CERTIFICATE OF COMPLIANCE...................................................................38

CERTIFICATE OF SERVICE ............................................................................39

APPENDIX ..........................................................................................................40

A) ORDER DENYING THE UNVIERSITY OF TEXAS MEDICAL 

BRANCH AT GALVESTON’S MOTION TO DISMISS WITH 

PREJUDICE FOR FAILURE TO TIMELY SERVE AN EXPERT 

REPORT PURSUANT TO SECTION 74.351 OF THE CIVIL 

PRACTICE AND REMEDIES CODE

B) APPROVAL OF AMENDED LOCAL RULES FOR THE COUNTY 

COURTS AT LAW AND DISTRICT COURTS OF GALVESTON 

COUNTY
vi

INDEX OF AUTHORITIES

CASES

Approximately $14,980.00 v. The State of Texas, 

261 S.W. 3d 182 (Tex. App.-Houston [14th Dist.] 2008, no petition) ...........28, 33

Approximately $15,589.00 v. The State of Texas,

230 S.W. 3d 871 (Tex. App.-Houston [14th Dist.] 2007, no petition) .................28

Ashley Forest Apartments v. Almy, 

762 S.W. 2d 293 (Tex. App.-Houston [14th Dist.] 1988, no petition) .................12

Ashworth v. Brzoska, 

274 S.W.3d 324 (Tex. App.-Houston [14th Dist.] 2008, no petition) ..................21

Badiga v. Lopez, 

274 S.W. 3d 681 (Tex. 2009)...........................................................................9, 33

Barding v. Texas Department of Criminal Justice, Pardons and Paroles 

Division, 1998 WL 765109 (Tex. App.-Austin 1998, no petition)......................29

Board of Regents of The University of Houston System v. FKM Partnership, Ltd., 

178 S.W. 3d 1 (Tex. App.-Houston [14th Dist.] 2005, aff’d)...............................11

Bullock v. National Banc Shares Corporation, 

584 S.W. 2d 268 (Tex. 1979)...............................................................................35

Carpinteyro v. Gomez, 

403 S.W. 3d 508 (Tex. App.-San Antonio 2013, pet. denied).......................32, 33

Christus Spohn Health System Corporation v. Lopez, 

2014 WL 3542094 (Tex. App.-Corpus Christi 2014, no petition).................32, 33

Cohen v. Strake, 

743 S.W. 2d 366 (Tex. App.-Houston [14th Dist.] 1988, no writ).......................35

DeLaney v. Fidelity Lease Limited, 

526 S.W. 2d 543 (Tex. 1975)...............................................................................10
vii

Eikenhorst v. Wellbrock, 

2008 WL 2339735 (Tex. App.-Houston [1st Dist.] 2008, no petition) ................32

Ex Parte Reed,

343 S.W. 3d 306 (Tex. App.-Houston [14th Dist.] 2011, no petition) .................10

Granderson v. Ross, 

2004 WL 582570 (Tex. App.-Houston [14th Dist.] 2004, no petition)..........19, 24

H.E.Y. Trust v. Popcorn Express Co., Inc., 

35 S.W. 3d 55 (Tex. App.-Houston [14th Dist.] 2001, pet. denied).....................11

Henry S. Miller Company v. TREO Enterprises, 

585 S.W. 2d 674 (Tex. 1979).........................................................................10, 34

In Re Tasso Triantaphyllis,

68 S.W. 3d 861 (Tex. App.-Houston [14th Dist.] 2002).................................10, 11

In Re Estate of Earle Stanton,

2006 WL 343907 (Tex. App.-Tyler 2006, pet. denied).......................................29

Insurance Company of the State of Pennsylvania v. LeJeune, 

297 S.W. 3d 254 (Tex. 2009)...............................................................................10

Jacobs v. Jacobs, 448 S.W. 3d 626 

(Tex. App.-Houston [14th Dist.] 2014, no petition) ...........................10, 12, 19, 24

Mahon v. Haddad, 

783 S.W. 2d 769 (Tex.- App.-Fort Worth 1990, no writ)....................................35

Mansell v. Insurance Company of the West, 

203 S.W. 3d 499 (Tex. App.-Houston [14th Dist.] 2006, no petition) .....11, 12, 34

Mathis v. Lockwood, 

166 S.W.3d 743 (Tex. 2005)................................................................................21

Mayad v. Rizk,

554 S.W. 2d 835 (Tex. App.-Houston [14th Dist.] 1977, writ refused n.r.e.)......29
viii

Mustang Tractor & Equipment Co. v. Hartford Accident and Indemnity Co.,

263 S.W. 3d 437 (Tex. App.-Austin 2008, pet. denied) ......................................33

Nexion Health at Beechnut, Inc. v. Paul, 335 S.W. 3d 716

(Tex. App.- Houston [14th Dist.] 2011, no petition) ................9, 11, 19, 24, 25, 26

Ogletree v. Matthews, 

262 S.W. 3d 316 (Tex. 2007).................................................................................9

Painter v. Shaner, 

667 S.W. 2d 123 (Tex. 1984)...............................................................................34

Payne v. Payne, 

2006 WL 2827365 (Tex. App.-Houston [14th Dist.] 2006, no petition)........12, 34

Regis v. Harris County Hospital District, 

208 S.W. 3d 64 (Tex. App.- Houston [14th Dist.] 2006, no petition) ....................9

Rivenes v. Holder,

257 S.W.3d 332 (Tex. App.- Houston [14th Dist.] 2008, pet. denied).............9, 14

Security Pacific Corporation v. Lupo, 

808 S.W. 2d 126 (Tex. App.-Houston [14th Dist.] 1991, writ denied) ................35

Southwestern Bell Telephone v. Emmett, 

459 S.W. 3d 578 (Tex. 2015)...............................................................................34

Texas Department of Aging and Disability Services v. Mersch,

418 S.W. 3d 736 (Tex. App.-Houston [1st Dist.] 2013, no petition)....................30

Texas Department of Public Safety v. Graham, 

2013 WL 5760693 (Tex. App. – Houston [14th Dist.] 2013, no petition) ...........11

Texas Rice Land Partners v. Denbury Green Pipe Line, 

363 S.W. 3d 192 (Tex. 2012).........................................................................10, 34

The City of Houston v. Jackson, 

192 S.W. 3d 764 (Tex. 2006)...............................................................................35
ix

The State of Texas v. Bristol Hotel Asset Company, 

65 S.W. 3d 638 (Tex. 2001).................................................................................10

Verges v. Lomas & Nettleton Financial Corporation,

642 S.W. 2d 820 (Tex. App.-Dallas 1982, no writ).............................................35

Wallace v. Howell,

707 S.W. 2d 876 (Tex. 1986)...............................................................................34

Wilson v. Dunn, 

800 S.W. 2d 833 (Tex. 1991)...............................................................................10

Woods v. Powell,

1989 WL 82202 (Tex. App.-Houston [14th Dist.] 1989, no petition)..................29

Wooley v. Schaffer, 

447 S.W.3d 71 (Tex. App.-Houston [14th Dist.] 2014, pet. denied)....................14

Zanchi v. Lane, 

408 S.W. 3d 373 (Tex. 2013).....................................................................8, 14, 33

STATUTES

V.T.C.A., Civil Practice & Remedies Code § 51.014(a)(9) ............................. 2

V.T.C.A., Civil Practice & Remedies Code § 74.002(a).................................. 33

V.T.C.A., Civil Practice & Remedies Code § 74.351 .................. 1, 3, 14, 15, 37

V.T.C.A., Civil Practice & Remedies Code § 74.351(a)......................................

...............................................xv, 2, 6, 7, 8, 11, 13, 15, 22, 24, 32, 33, 34, 35, 36

V.T.C.A., Civil Practice & Remedies Code § 74.351(b)........................xii, xv, 8

V.T.C.A., Civil Practice & Remedies Code § 74.351(c).................................. 33

V.T.C.A., Government Code § 311.014 ............................................32, 33, 34, 36
x

RULES

Amended Local Rules of the District Courts for Galveston County, Texas,

Rule 12.2.1 (h)......................................................................................................29

Amended Local Rules of the District Courts for Galveston County, Texas,

Rule 12.2.1 (j).......................................................................................................29

Amended Local Rules of the District Courts for Galveston County, Texas,

Rule 12.5.2 ...........................................................................................................29

Amended Local Rules of the District Courts for Galveston County, Texas,

Rule 12.5.4 .....................................................................................................22, 30

Amended Local Rules of the District Courts for Galveston County, Texas,

Rule 12.5.4 (b)......................................................................................................31

Rule 9.4(i)(1), Texas Rules of Appellate Procedure............................................38

Rule 9.4(i)(2)(B), Texas Rules of Appellate Procedure.......................................38

Rule 9.4(i)(3), Texas Rules of Appellate Procedure............................................38

Rule 39, Texas Rules of Appellate Procedure ....................................................xiv

Rule 1, Texas Rules of Civil Procedure...............................................................33

Rule 3a, Texas Rules of Civil Procedure .......................................................27, 28

Rule 4, Texas Rules of Civil Procedure...................................xv, 7, 32, 33, 34, 36

Rule 16, Texas Rules of Civil Procedure.............................................................10

Rule 21, Texas Rules of Civil Procedure.............................................................23

Rule 21a, Texas Rules of Civil Procedure ...............................................................

................................................................... 6, 11, 12, 13, 14, 19, 23, 24, 25, 27, 29

Rule 21a(a), Texas Rules of Civil Procedure.......................................................23
xi

Rule 21a(a)(1), Texas Rules of Civil Procedure ......... xv, 7, 20, 21, 22, 23, 24, 25

Rule 21a(a)(2), Texas Rules of Civil Procedure ......................................22, 25, 26

Rule 21a(b), Texas Rules of Civil Procedure ................................................26, 29

Rule 21a(b)(2), Texas Rules of Civil Procedure..................................................26

Rule 21(f), Texas Rules of Civil Procedure.............................................19, 21, 23

Rule 105, Texas Rules of Civil Procedure...........................................................10

Rule 106, Texas Rules of Civil Procedure...........................................................12

Rule 106(b), Texas Rules of Civil Procedure ......................................................10

Rule 501.4, Texas Rules of Civil Procedure..................................................26, 27

501.4(4), Texas Rules of Civil Procedure Rule ...................................................27

Rule 663, Texas Rules of Civil Procedure...........................................................10

Rule 663a, Texas Rules of Civil Procedure .........................................................13
xii

STATEMENT OF THE CASE

NATURE OF THE CASE: This is a suit for damages arising from 

alleged healthcare liability claims. [C.R. 

23-29]. Appellant moved the trial court to 

dismiss the case pursuant to V.T.C.A., 

Civil Practice & Remedies Code 

§74.351(b) as the Appellees failed to 

complete timely service of their expert 

report and curriculum vitae. [C.R. 36-66].

COURSE OF PROCEEDINGS: The Appellees filed their Original Petition 

on August 29, 2014, [C.R. 5], and the 

Appellant filed its Original Answer on 

October 3, 2014, [C.R. 30]; thus, the 

Appellees’ expert report and curriculum 

vitae were due on or before January 31, 

2015. [C.R. 72-73]. On February 20, 

2015, the Appellant filed a Motion to 

Dismiss asserting that the Appellees had 

failed to timely complete service of their 

expert report and curriculum vitae. [C.R. 

36]. The motion was set for hearing to 

occur on March 26, 2015. [C.R. 71]. 

Appellees filed their response to the 

motion to dismiss on March 22, 2015, [2ND

SUPP. C.R. 1545], and the Appellant filed 

a reply to the response on March 25, 2015.

[C.R. 72]. The court heard the motion on 

March 26, 2015, [R.R. 1-38], and invited 

the parties to submit additional briefing. 

Appellant filed its Post Hearing 

Submission on April 2, 2015, [C.R. 110], 

and the Appellees filed their Supplemental 

Briefing on the same date. [2ND SUPP. 

C.R. 1624].
xiii

TRIAL COURT: 212th Judicial District Court, Galveston 

County, Texas. The Honorable Patricia 

Grady, Judge Presiding.

TRIAL COURT'S DISPOSITION: Order signed denying Motion to Dismiss 

on May 4, 2015. [C.R. 135].
xiv

REQUEST FOR ORAL ARGUMENT

Pursuant to Rule 39, Texas Rules of Appellate Procedure, Appellant 

hereby requests oral argument in this appeal.
xv

ISSUES PRESENTED

ISSUE ONE

THE TRIAL COURT ERRED IN FAILING TO DISMISS THIS CAUSE OF 

ACTION PURSUANT TO SECTION 74.351(b) OF THE TEXAS CIVIL 

PRACTICE & REMEDIES CODE AS THE APPELLEES FAILED TO 

COMPLETE SERVICE OF THEIR EXPERT REPORT AND CURRICULUM 

VITAE WITHIN 120 DAYS OF THE FILING OF APPELLANT’S ORIGINAL 

ANSWER:

A) APPELLEES’ EXPERT REPORT AND CURRICULUM VITAE

WERE DUE ON OR BEFORE JANUARY 31, 2015; HOWEVER, 

SERVICE OF THE EXPERT REPORT WAS NOT COMPLETED, IF 

AT ALL, UNTIL FEBRUARY 12, 2015;

B) APPELLEES’ ATTEMPTED EMAIL SERVICE OF THEIR EXPERT 

REPORT AND CURRICULUM VITAE WAS NOT PROPER AS 

ELECTRONIC SERVICE WAS MANDATED BY RULE 21a(a)(1), 

TRCP;

C) APPELLEES’ ATTEMPTED EMAIL SERVICE OF THEIR EXPERT 

REPORT AND CURRICULUM VITAE ON SATURDAY, JANUARY 

31, 2015, AT 6:27 P.M., IF IT HAD BEEN COMPLETED, WOULD 

HAVE BEEN DEEMED SERVED ON FEBRUARY 2, 2015;

D) RULE 4, TRCP, DID NOT EXTEND THE APPELLEES’ SERVICE 

DEADLINE TO MONDAY, FEBRUARY 2, 2015, AS THE TEXAS 

SUPREME COURT HAS MANDATED “STRICT COMPLIANCE” 

WITH THE 120 DAY SERVICE REQUIREMENT OF SECTION 

74.351(a); AND, IF RULE 4 DOES APPLY, THE CASE STILL MUST 

BE DISMISSED AS PROPER SERVICE WAS NOT COMPLETED

ON OR BEFORE FEBRUARY 2, 2015.
No. 14-15-00449-CV

IN THE COURT OF APPEALS 

FOR THE FOURTEENTH JUDICIAL DISTRICT

HOUSTON, TEXAS

THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, 

APPELLANT,

V.

CAROLYN CALLAS, RAY CALLAS AND JAMIE CALLAS, INDIVIDUALLY 

AND AS THE REPRESENTATIVES OF THE ESTATE OF GERALD CALLAS 

AND FOR AND ON BEHALF OF ANY WRONGFUL DEATH 

BENEFICIARIES,

APPELLEES.

On Appeal from the 212th Judicial District Court

Galveston County, Texas

No. 14-CV-0927

APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW the Appellant, The University of Texas Medical Branch

at Galveston, by and through the undersigned Assistant Attorney General, and

submits this Brief in Appeal of the interlocutory order entered by the trial court

denying the Motion to Dismiss with Prejudice for Failure to Timely Serve an 

Expert Report Pursuant to Section 74.351 of the Civil Practice & Remedies 
2

Code. [C.R. 135]. This interlocutory appeal is being brought pursuant to Section 

51.014(a)(9) of the Texas Civil Practice & Remedies Code. [C.R. 145].

Throughout the brief the record will be cited as follows: the Reporter’s 

Record shall be cited as R.R.; the Clerk’s Record shall be cited as C.R.; the 

Supplemental Clerk’s Record shall be cited as SUPP. C.R.; the Second 

Supplemental Clerk’s Record shall be cited as 2ND SUPP. C.R.; and, the Third 

Supplemental Clerk’s Record shall be cited as 3RD SUPP. C.R..

STATEMENT OF FACTS

This is a medical malpractice cause of action. The Appellees provided the 

Appellant written notice of their claim on January 24, 2013. [C.R. 12-22].

Approximately one and a half years later, on August 29, 2014, the Original Petition 

was filed by the Appellees in this case. [C.R. 5-22]. On October 3, 2014, the 

Appellant’s attorney electronically filed its Original Answer to the Appellees’ suit 

and the Original Answer was electronically served upon the Appellees’ counsel of 

record. [C.R. 30-32, 44-48]. Pursuant to V.T.C.A., Civil Practice and Remedies 

Code § 74.351(a), the Appellees were required to serve their expert report/s and 

curriculum vitae of each expert “not later than the 120th day after the date” the 

Appellant’s Original Answer was filed; thus, Appellees’ expert report/s and 
3

curriculum vitae, in this case, were required to be served on or before 

January 31, 2015. [C.R. 72-73]. Therefore, the Appellees had more than two (2) 

years from the time they provided notice of their claim to prepare an expert report 

and they were aware that an expert report was required in order to pursue this cause 

of action. [R.R. 9-11, 12, 30-31].

On Saturday, January 31, 2015, at 6:27 PM, the Appellees’ counsel’s office 

sent an email to Appellant’s counsel which stated: “Attached please find your copy 

of the Expert Report and Exhibits filed with the Court earlier today. This will be 1 

of 2 emails. Thank you.” The email does not reflect the date or time that it was 

actually received in Appellant’s counsel’s email inbox. [C.R. 53]. Appellant’s 

counsel observed an email on his cell phone on Sunday morning, February 1, 2015;

however, he did not attempt to access the attachments at that time; and, he was not in 

the office on Monday, February 2, 2015. [R.R. 6]. While the email message states

the Appellees had “filed with the court earlier today” their expert report and exhibits, 

that attempted filing was apparently unsuccessful as the “Expert Report of Gerald 

Raymond (Ray) Callas, M.D. To Comply With CPRC SEC. 74.351 Regarding Dr. 

Gerald Callas, (Deceased)” was electronically filed with the Galveston County 

District Clerk on February 2, 2015. [2ND SUPP. C.R. 166-1534]. Contrary to the 

statements set forth in the “certificate of service”, [2ND SUPP. C.R.167], the 

Appellees did not complete service upon the Appellant’s counsel. [C.R. 37-38]. The 
4

Galveston County District Clerk sealed the bulk of the documents filed by the 

Appellees and they could not be viewed online or obtained from the District Clerk. 

[C.R. 37; SUPP. C.R. 4-5; 3RD SUPP C.R. 9-16; R.R. 33]. 

On February 3, 2015, the Appellant’s counsel was in his office and opened the 

email from Appellees’ counsel’s office and accessed the attachments. The printout 

of the email does not demonstrate when it was received in Appellant’s counsel’s 

email inbox; however, it notes that it was “Sent: Saturday, January 31, 2015 6:27 

PM”. Further, it was stated in the body of the email message that it was “1 of 2 

emails”. [C.R. 53]. The Appellant’s counsel searched his email inbox and, not 

finding a second email from the Appellees’ counsel, replied to the email stating that 

the second email had not been received. [C.R. 54]. Appellees’ counsel’s office 

responded that “the 2nd email actually got kicked back...” and “I’ve attached it in 

sections”. [C.R. 55]. The Appellant’s counsel sent an email acknowledging the 

response. [C.R. 57]. Appellees’ counsel’s office sent an email at 8:52 AM with 

additional attachments. [C.R. 59]. Thereafter, the Appellees’ counsel’s office sent 

an email which stated: “Mr. Keister – this is the last of it.” [C. R. 61].

The Appellant’s counsel’s office accessed the “Case Summary” for this cause 

of action on the Galveston County District Clerk’s Office website. [C.R. 49-50]. 

While the bulk of the documents had been sealed and could not be accessed on the 

website and the District Clerk refused to make them available, Appellant attempted 
5

to compare the categories of documents listed on the “Case Summary” to what had 

been received in the various emails received from Appellees’ counsel’s office. 

[C.R. 37; R.R. 33]. Thereafter, on February 10, 2015, the Appellant’s counsel sent 

an email message to Appellees’ counsel’s office notifying them that, after review, it 

appeared that not all of the documents included as part of the expert report had been 

received. [C.R. 63]. On February 12, 2015, the Appellees’ counsel’s office 

responded with an email that attached additional parts of their expert report. [C.R. 

65].

The Galveston County District Clerk held the bulk of documents filed by the 

Appellees under seal and filed them with this Court under seal as part of the Clerk’s 

Record. [C.R. 37, 3: Volume 2-sealed; Volume 3-sealed]. The parties filed a Joint 

Motion to Unseal Records which was granted by the trial court on June 10, 2015. 

[SUPP. C.R. 4-5; 3RD SUPP C.R. 9-16]. Pursuant to the trial court’s order, the 

Galveston County District Clerk filed the 2nd Supplemental Clerk’s Record, 

containing the unsealed documents, with this Court on June 17, 2015. Prior to the 

filing of the 2nd Supplemental Clerk’s Record in this appeal, the Appellant was not 

allowed to review the bulk of the documents that were filed by the Appellees with 

the Galveston County District Clerk in this cause of action. [C.R. 37].
6

SUMMARY OF THE ARGUMENT

Under Issue One, pages 8 to 14, the Appellant argues that the Texas Supreme 

Court has held that “strict compliance” with the 120 day deadline for the service of 

expert report/s and curriculum vitae under V.T.C.A., Civil Practice & Remedies Code 

§74.351(a) is mandatory; and, failure to complete the service within the 120 day 

deadline requires dismissal of the cause of action. In addition, the Appellant argues 

that the Appellees were required to comply with the service rules in Rule 21a, TRCP, 

in order to properly complete service. Further, the Appellant argues that the 

appropriate standard of review, in this case, is de novo standard. 

Under Issue One, A, pages 14 to 20, the Appellant argues that the Appellees’ 

expert report and curriculum vitae were due no later than January 31, 2015. While 

the Appellees attempted to email serve the Appellant’s counsel with documents on 

January 31, 2015, the email service was not completed on that date as one of the 

Appellees’ emails was received by Appellant’s counsel on February 1, 2015, and the 

other email was never received. While the Appellees attempted to complete service 

of their expert report by a series of emails on February 3rd and 12th, 2015, these 

attempts, as well as the email received on February 1, were beyond the 120 day 

deadline for the service of the Appellees’ expert report and curriculum vitae; 

therefore, the trial court erred in failing to dismiss this cause of action.
7

Under Issue One, B, pages 20 to 24, the Appellant argues that electronic 

service of the Appellees’ expert report and curriculum vitae was mandatory under 

Rule 21a(a) (1), TRCP, as the Appellees electronically filed their expert report and 

curriculum vitae with the trial court. Therefore, the Appellees’ attempt at service “by 

email”, even if it had been timely completed, which it was not, was not proper service 

and the trial court erred in failing to dismiss this cause of action.

Under Issue One, C, pages 24 to 31, the Appellant argues that the Appellees’ 

attempted email service of their expert report and curriculum vitae began after 5:00 

p.m. on Saturday, January 31, 2015; therefore, even if the emails had been received 

by Appellant’s counsel at that time, which they were not, the email service would 

have been deemed completed on Monday, February 2, 2015, which was outside the 

120 day deadline for service of the expert report and curriculum vitae. Thus, the trial 

court erred in failing to dismiss this cause of action.

Under Issue One, D, pages 32 to 36, the Appellant argues that Rule 4, TRCP, 

did not extend the Appellees’ service deadline to Monday, February 2, 2015. The 

Rules of Civil Procedure are construed liberally and the Texas Supreme Court has 

held that “strict compliance” with Section 74.351(a), supra, is mandatory. Thus, as 

Rule 4 would conflict with Section 74.351(a) by liberally extending the service 

deadline from 120 days to 122 days in the case before the Court, Rule 4 does not 

apply. Therefore, the trial court erred in failing to dismiss this cause of action.
8

ARGUMENT

ISSUE ONE

THE TRIAL COURT ERRED IN FAILING TO DISMISS THIS 

CAUSE OF ACTION PURSUANT TO SECTION 74.351(b) OF 

THE TEXAS CIVIL PRACTICE & REMEDIES CODE AS THE 

APPELLEES FAILED TO COMPLETE SERVICE OF THEIR 

EXPERT REPORT AND CURRICULUM VITAE WITHIN 120 

DAYS OF THE FILING OF APPELLANT’S ORIGINAL 

ANSWER

Section 74.351(a) of the Texas Civil Practice & Remedies Code mandates that: 

“In a health care liability claim, a claimant shall, not later than the 120th day after the 

date each defendant’s original answer is filed, serve on each party or the party’s 

attorney one or more expert reports, with a curriculum vitae of each expert listed in 

the report...”. Failure to comply timely requires dismissal of the cause of action with 

prejudice pursuant to Section 74.351(b) of the Texas Civil Practice & Remedies 

Code. In discussing these provisions, the Texas Supreme Court stated in Zanchi v. 

Lane, 408 S.W. 3d 373, 376 (Tex. 2013):

In order to proceed with an HCLC, a claimant must comply with 

the expert-report requirement of the TMLA. See TEX. CIV. PRAC. & 

REM. CODE §74.351; Stockton v. Offenbach, 336 S.W.3d 610, 614 

(Tex. 2011). Section 74.351(a) provides that “[i]n a health care liability 

claim, a claimant shall not later than the 120th day after the date the 

original petition was filed, serve on each party or party’s attorney one or 

more expert reports.” TEX. CIV. PRAC. & REM. CODE §74.351(a). 

Strict compliance with that provision is mandatory. Stockton, 336 

S.W.3d at 614. If the claimant does not serve an expert report by the 

statutory deadline, the statute requires, with one exception not relevant 

here, dismissal of the claim with prejudice “on the motion of the affected 
9

physician or health care provider.” TEX. CIV. PRAC. & REM. CODE 

§ 74.351(b).

(emphasis added). In Ogletree v. Matthews, 262 S.W. 3d 316, 319-320 (Tex. 2007), 

the Court stated:

...The 2003 amendments, on the other hand, created a statute-oflimitations-type deadline within which expert reports must be served. 

If no report is served within the 120 day deadline provided by 

74.351(a), the Legislature denied trial courts the discretion to deny 

motions to dismiss or grant extensions, and a trial court’s refusal to 

dismiss may be immediately appealed. Tex. Civ. Prac. & Rem. Code § 

74.351(b) (stating that a trial court “shall” dismiss a claim when expert 

reports are not served within 120 days); Tex. Civ. Prac. & Rem. Code 

51.014(a)(9) (authorizing interlocutory appeal of the denial of a motion 

to dismiss filed under 74.351(b)). This strict 120 day deadline can 

lead to seemingly harsh results. See, e.g, Thoyakulathu v. Brennan,

192 S.W. 3d 849, 856 (Tex. App.-Texarkana 2006, no pet.) (holding 

that expert report had not been served when plaintiff filed the report but 

failed to serve it on the doctor due to facsimile error); Garcia v. 

Marichalar, 185 S.W. 3d 70, 73 (Tex. App.-San Antonio 2005, no pet.) 

(finding that plaintiff’s expert report that mentioned other providers but 

not Garcia was in effect no report as to Garcia and concluding that an 

extension was, therefore, improper). Nonetheless, the Legislature 

imposed the deadline as part of its effort to “reduce excessive 

frequency...of health care liability claims.” Act of June 2, 2003, 78th

Legl, R.S., ch. 204, § 10.11(b)(3), 2003 Tex. Gen. Laws 847, 884.

(emphasis added). See also, Badiga v. Lopez, 274 S.W. 3d 681, 683 (Tex. 2009). 

Thus, absent an agreement between the parties, the trial court has no discretion not to 

dismiss a cause of action with prejudice if the claimant failed to meet the 120 day 

deadline. See, Nexion Health at Beechnut, Inc. v. Paul, 335 S.W. 3d 716, 718 (Tex. 

App.- Houston [14th Dist.] 2011, no petition); Rivenes v. Holder, 257 S.W. 3d 332, 

336 (Tex. App.- Houston [14th Dist.] 2008, pet. denied); Regis v. Harris County 
10

Hospital District, 208 S.W. 3d 64, 68 (Tex. App.- Houston [14th Dist.] 2006, no 

petition).

The “strict compliance” standard is well established in the case law of this state 

and has been applied often by the Texas Supreme Court. See, for example: Texas 

Rice Land Partners v. Denbury Green Pipe Line, 363 S.W. 3d 192, 198 (Tex. 2012) 

(eminent domain under the Texas Natural Resources Code); Insurance Company of 

the State of Pennsylvania v. LeJeune, 297 S.W. 3d 254 (Tex. 2009) (review of default 

judgment for failure to comply with Rules 16 and 105, TRCP); The State of Texas v. 

Bristol Hotel Asset Company, 65 S.W. 3d 638, 640-641 (Tex. 2001) (eminent domain 

under the Texas Property Code); Wilson v. Dunn, 800 S.W. 2d 833, 836 (Tex. 1991) 

(review of default judgment for failure to comply with Rule 106(b), TRCP); Henry 

S. Miller Company v. TREO Enterprises, 585 S.W. 2d 674 (Tex. 1979) (strict 

compliance with the Texas Real Estate License Act); DeLaney v. Fidelity Lease 

Limited, 526 S.W. 2d 543 (Tex. 1975) (strict compliance with the Texas Uniform 

Limited Partnership Act). Further, the Fourteenth Court of Appeals has applied the 

“strict compliance” standard in many different areas of the law. See, for example: 

Jacobs v. Jacobs, 448 S.W. 3d 626 (Tex. App.-Houston [14th Dist.] 2014, no petition) 

(garnishment proceedings under Rule 663, TRCP); Ex Parte Reed, 343 S.W. 3d 306 

(Tex. App.-Houston [14th Dist.] 2011, no petition) ( expunction proceedings under 

the Texas Code of Criminal Procedure); In Re Tasso Triantaphyllis, 68 S.W. 3d 861 
11

(Tex. App.-Houston [14th Dist.] 2002) (Texas Election Code requirements); H.E.Y. 

Trust v. Popcorn Express Co., Inc., 35 S.W. 3d 55 (Tex. App.-Houston [14th Dist.] 

2001, pet. denied) (Texas Real Estate License Act); Board of Regents of The 

University of Houston System v. FKM Partnership, Ltd., 178 S.W. 3d 1 (Tex. App.-

Houston [14th Dist.] 2005) (eminent domain under the Texas Property Code); Mansell 

v. Insurance Company of the West, 203 S.W. 3d 499 (Tex. App.-Houston [14th Dist.] 

2006, no petition) (reviewing default judgment). This Court has recognized that 

when a statue uses mandatory language, “strict compliance” with its terms are 

required. In Re Tasso Triantaphyllis, supra, at 868. Further, when a cause of action 

is created by statute, all of its provisions are mandatory and exclusive, requiring 

“strict compliance” for the action to be sustained; and, the trial courts have no power 

to extend equitable relief beyond the clear meaning of the statute. Texas Department 

of Public Safety v. Graham, 2013 WL 5760693 (Tex. App. – Houston [14th Dist.] 

2013, no petition); Ex Parte Reed, supra, at 308.

Section 74.351(a) does not provide a definition of the word “serve”; however, 

this Court has held that service of the expert report must be in compliance with 

Rule 21a, Texas Rules of Civil Procedure. In Nexion Health at Beechnut, Inc. v. 

Paul, supra, at 718, this Court stated:

Section 74.351 provides that a health care liability claimant must file 

and “serve” an expert report within 120 days of filing suit. See TEX. 

CIV. PRAC. & REM. CODE ANN. § 74.351(a) (West Supp. 2009). 

The statue does not define “serve,” but this court as well as others have 
12

interpreted the statute to incorporate the service rules found in Texas 

Rule of Civil Procedure 21a. See Awoniyi v. McWilliams, 261 S.W. 3d 

162, 164 (Tex. App.-Houston [14th Dist.] 2008, no pet.); Univ. of Tex. 

Health Sci. Ctr. v. Gutierrez, 237 S.W. 3d 869, 872 (Tex. App.- Houston 

[1st Dist.] 2007, pet. denied).

With respect to “service”, in the context of “strict compliance” required for a default 

judgment review, this Court stated in Payne v. Payne, 2006 WL 2827365 (Tex. App.-

Houston [14th Dist.] 2006, no petition):

...Faiure to affirmatively show strict compliance with the Rules of Civil 

Procedure renders the attempted service of process invalid. McKanna 

v. Edgar, 388 S.W. 2d 927, 929 (Tex. 1965). “Strict compliance” means 

literal compliance with the rules governing issuance, service, and return 

of citation. Amato v. Hernandez, 981 S.W. 2d 947, 949 (Tex. App.-

Houston [1st Dist.] 1998, pet denied).

Further, this Court has noted that with respect to “strict compliance with the rules 

governing citation”, “...virtually any deviation from these rules is sufficient to set 

aside the default judgment...”. Mansell v. Insurance Company of the West, 203 S.W. 

3d 499, 501 (Tex. App.- Houston [14th Dist.] 2006, no petition). “Strict compliance” 

is not limited to the Texas Rules of Civil Procedure but also applies to “other 

applicable law in regard to the issuance of citation, the manner and mode of service, 

and the return of process”. Ashley Forest Apartments v. Almy, 762 S.W. 2d 293,

294-295 (Tex. App.-Houston [14th Dist.] 1988, no petition). While the case before 

the Court involves proper service under Rule 21a, TRCP, instead of service of 

process under Rule 106, TRCP, the “strict compliance” standard is applicable to 

service in this case. In Jacobs v. Jacobs, supra, the Court noted that strict compliance 
13

with Rule 663a, TRCP, is required for service of a writ of garnishment. The Court 

noted that the rule specifically allows for service of the writ “in any manner 

prescribed for service of citation or as provided in Rule 21a.” Therefore, the Court 

held at page 663:

...We proceed to determine whether a garnishor may strictly comply 

with rule 663a despite a lack of proof that the defendant debtor actually 

accepted service. We conclude that under these circumstances– where 

the record supports that the garnishor attempted service of the 

garnishment proceedings as properly authorized by rule 21a, yet the 

debtor avoided and refused service- the answer is yes.

The Court further noted at pages 663-664:

Upon reviewing the plain, unambiguous language of rule 663a, we 

conclude that compliance with rule 663a does not necessarily require 

proof of actual acceptance of service by the debtor. See Tex. R. Civ. P. 

663a; Crowe v. Ware, No. 05-96-01294-CV, 1998 WL 258398, at *2 

(Tex. App.-Dallas May 22, 1998, no pet.) (not designated for 

publication) (“Rule 663a requires actual service on the debtor, [but] it 

does not require proof that the debtor accepted the service, merely that 

he was properly served under [r]ule 21a”). Rather, rule 663a requires 

that the defendant “shall be served in any manner prescribed for service 

of citation or as provided in [r]ule 21a.” Tex. R. Civ. P. 663a; see Tex. 

R. Civ. P. 21a. In other words, a garnishor may comply with rule 

663a by complying with rule 21a. See Tex. R. Civ. P. 663a; Crowe,

1998 WL 258398, at *2 (rule 663a requires that debtor be properly 

served under rule 21a).

(emphasis added). Likewise, in the case before the Court, as “strict compliance” is 

mandated with respect to the 120 day deadline for service of the expert report and 

curriculum vitae under Section 74.351(a), supra, the claimant “strictly complies” 
14

only if he “properly serves” the Defendant under Rule 21a before the expiration of 

the 120 day deadline.

Further, with respect to the standard of review on appeal, this Court stated: 

“Though we review a trial court’s ruling on a motion to dismiss for failure to comply 

with section 74.351 for an abuse of discretion, whether proper service has been made 

is a question of law we review de novo”. Id, at 718. See also Wooley v. Schaffer,

447 S.W.3d 71, 74-75 (Tex. App.-Houston [14th Dist.] 2014, pet. denied) (“...we 

review trial court’s ruling on a question of law de novo”); Zanchi v. Lane, supra, at 

376, (“Matters of statutory construction are legal questions that we review de 

novo”); Rivenes v. Holder, supra, at 336, (“To the extent resolution of the issue 

presented requires interpretation of the statute, we review the ruling under a de novo

standard”). As demonstrated in this brief, the proper standard of review, of the case 

before the Court, is de novo as the underlying facts were not in dispute in the trial 

court and the case turns upon the question of whether the Appellees timely 

completed proper service of their expert report and curriculum vitae according to the 

appropriate construction and interpretation of the statutes and rules at issue.

A) APPELLEES’ EXPERT REPORT AND CURRICULUM VITAE WERE 

DUE ON OR BEFORE JANUARY 31, 2015; HOWEVER, SERVICE OF 

THE EXPERT REPORT WAS NOT COMPLETED, IF AT ALL, UNTIL 

FEBRUARY 12, 2015
15

On October 3, 2014, the Appellant filed its Original Answer in this cause of 

action. [C.R. 30-32]. Pursuant to Section 74.351(a) of the Civil Practice & Remedies 

Code, the Appellees were required to serve the Appellant with their expert report and 

curriculum vitae within 120 days of October 3, 2014; thus, their report and curriculum 

vitae could be served no later than January 31, 2015. [C. R. 72-73]. In the “Plaintiffs’ 

Response to Defendant’s Motion to Dismiss for Failure to Timely Serve an Expert 

Report Pursuant to Section 74.351”, the Appellees incorrectly asserted that “the 120th

day after October 3, 2014,” was Sunday, February 1, 2015. [2ND SUPP. C.R. 1546, 

1551]. However, the Appellees did not argue during the hearing on the motion to 

dismiss nor in their supplemental briefing to the trial court that their statutory 

deadline was February 1, 2015. [2ND SUPP. C.R. 1624-1632]. By counting the days 

on the calendar, the 120th day clearly fell on January 31, 2015.

On Saturday, January 31, 2015, the Appellees apparently made an unsuccessful 

attempt to electronically file their expert report with the Galveston County District 

Clerk. [C.R. 53]. On Monday, February 2, 2015, the Appellees were successful in 

electronically filing their expert report with the Galveston County District Clerk. 

[2ND SUPP. C.R. 166-1534]. The complete set of documents were filed as the “Expert 

Report of Gerald (Ray) Callas, M.D. To Comply With CPRC Sec. 74.351 Regarding 

Dr. Gerald Callas, (Deceased).” [2ND SUPP. C.R. 166-167]. The Appellees’ expert 

specifically incorporated all filed exhibits as part of his expert report in this case. 
16

[C.R. 79, 112-113; 2ND SUPP. C.R. 168, 169, 177]. During the hearing on the motion 

to dismiss, the following dialogue occurred between the trial court and the 

Appellant’s counsel:

So any way you look at it, Your Honor, they missed 120, and the 

case must be dismissed under the statute.

THE COURT: Can I ask you a question?

MR. KEISTER: Sure.

THE COURT: Regarding the expert report, do you consider all 

exhibits to be part of that expert report?

MR. KEISTER: (Nods head affirmatively.)

THE COURT: And if so, why?

MR. KEISTER: I do, Your Honor, because the expert says they are 

in his report, And this is a part of the reply that I filed yesterday. The 

expert specifically states, early in his report -- this is on Page 2. He 

says I have read and reviewed the two volumes of medical records 

consisting of 1,297 pages, which are incorporated or referenced as 

fully set forth in his report. And then after that, throughout the report, 

he's discussing those records and referencing those records. 

I don't know, without those records, what he's referencing. So 

those are an essential part of the report and they had to come with it. 

Plaintiffs were aware of that. They filed it with the Court, and they 

filed it with the Court as their expert report, the entire packet, not just a 

portion of it. So in order for the service of their report to have ben 

complete, the whole thing had to get to me, and the earliest it got to me 

was February 12th.

THE COURT: Okay.

[R.R. 8-9]. Later in the hearing, the Appellees’ counsel confirmed to the trial court 

that the expert intended the exhibits to be part of the expert report. The following

dialogue occurred between the trial court and the Appellees’ counsel:

Now, I'm going to posit to the Court that there is a strategic 

reason that he didn't include a paragraph in his motion, which said in 

the alternative, the report is insufficient, because we didn't receive the 

last exhibit.
17

THE COURT: I believe he's saying the report was incomplete, not 

that it was insufficient. And according to your expert's report, he 

incorporates all the exhibits as part of his report, which tells me that is 

the full report.

MR. SUTTON: And I'm not going to disagree with Your Honor on 

that point. I'm not going to –

THE COURT: Well, disagree if it is an incorrect conclusion.

MR. SUTTON: I don't think it is, but it's not what the focus is on 

whether or not we have complied with Chapter 74.351. The issue here 

is compliance with Chapter 74.351, and that rule -- nowhere does it say 

we have to give him what we think is our complete report. It says we 

have to serve on him an expert report and a curriculum vitae, which we 

did. 

I'm not going to sit here and tell the Court that we never 

intended to give him the last exhibit. We did. We wanted to. It didn't 

happen in a timely manner... 

[R.R. 15-16]. Further, it is without dispute that the “certificate of service”, [2ND

SUPP. C.R. 167], incorrectly represented the methods of service and incorrectly 

represented that a “true and correct copy” of the filed documents had been served 

upon the Appellant’s attorney. [C.R. 37-40]. In addition, as will be discussed in part

“B” below, electronic service was mandatory for proper service under the facts of 

this case.

While the methods and date of service set forth in Appellees’ “certificate of 

service”, [2ND SUPP. C.R. 167], are incorrect, the Appellees apparently did attempt 

to serve some documents by email on Saturday, January 31, 2015. On that date, at 

6:27 PM, the Appellees’ counsel’s office sent an email to Appellant’s counsel which 

stated: “Attached please find your copy of the Expert Report and Exhibits filed with 
18

the Court earlier today. This will be 1 of 2 emails. Thank you.” The email does not 

reflect the date or time that it was actually received in Appellant’s counsel’s email 

inbox. [C.R. 53]. However, as will be discussed in part “C” below, since the email 

was sent after 5:00 p.m., it would have been deemed served on Monday, 

February 2, 2015, which was beyond the 120 day service deadline.

Further, even if the Appellees’ January 31, 2015, email had been received on 

that date, which it was not, service of the Appellees’ expert report and curriculum 

vitae still would not have been completed within the 120 day service deadline as the 

portions of the expert report attached to Appellees’ second email was never delivered 

to the Appellant’s counsel’s email inbox. [C.R. 54-55]. On February 3, 2015, after 

Appellant’s counsel notified Appellees’ counsel’s office that the second email had 

not been received, Appellees attempted to complete service, on that date, of the expert 

report by attaching it to multiple emails. [C.R. 54-61]. However, this second attempt 

to complete service of the expert report was also unsuccessful. On February 10, 

2015, Appellant’s counsel notified Appellees’ counsel’s office that it appeared that 

not all of the expert report had been received. [C.R. 63-64]. Thereafter, on February 

12, 2015, Appellees’ counsel’s office responded by an email attaching the remaining 

parts of the expert report. [C.R. 65-66]. Therefore, the Appellees’ service of their 

expert report and curriculum vitae was completed, if at all, on February 12, 2014, 

well beyond the 120 day service deadline.
19

As set forth above, it is undisputed that the complete set of documents 

electronically filed with the District Clerk on February 2, 2015, was the Appellees’ 

Section 74.351(a) expert report in this case. [2ND SUPP. C.R. 166-1534]. Rule 21(a), 

TRCP, requires that when documents are filed with the court, “...at the same time a 

true copy must be served on all other parties...”. See also, Granderson v. Ross, 2004 

WL 582570 (Tex. App.-Houston [14th Dist.] 2004, no petition) (strict compliance 

standard requires service of the complete document). Further, Rule 21(f), TRCP, sets 

forth the mandatory requirements for electronic filing, as utilized in this case, and 

Rule 21a, TRCP, establishes the permissible methods of service and the rules as to 

when service is complete. In order to complete service of their expert report and 

curriculum vitae, the Appellees were required to comply with these service rules. 

Nexion Health at Beechnut, Inc., v. Paul, supra, at 718; Jacobs v. Jacobs, supra, at 

633-634; Granderson v. Ross, supra. The evidence in this case conclusively 

establishes that the Appellees did not serve the Appellant with a “true copy” of their 

expert report on January 31, 2015. While the Appellees attempted to email serve the 

Appellant’s counsel with documents on January 31, 2015, the email service was not 

completed; and, if it had been completed after 5:00 p.m., it would have been deemed 

completed beyond the 120 day deadline as argued in part “C” below. The Appellees 

did attempt to complete service by a series of emails on February 3rd and 12th;

however, these attempts to complete the service were beyond the 120 day deadline 
20

for service of the expert report and curriculum vitae. Therefore, the trial court erred 

in failing to dismiss this cause of action with prejudice to its refiling.

B) APPELLEES’ ATTEMPTED EMAIL SERVICE OF THEIR EXPERT 

REPORT AND CURRICULUM VITAE WAS NOT PROPER AS 

ELECTRONIC SERVICE WAS MANDATED BY RULE 21a(a)(1), 

TRCP

On Saturday, January 31, 2015, the Appellees attempted to electronically file 

their expert report and later, at 6:27 PM, attempted unsuccessfully to email a copy to 

Appellant’s counsel. [C.R. 54]. Thereafter, on Monday, February 2, 2015, the 

Appellees’ expert report was successfully electronically filed. [2ND SUPP. C.R. 166-

1534]. While the Appellees did not attempt to serve the expert report on Appellant’s 

counsel at the time of its filing on Monday, February 2, 2015, the “certificate of 

service” stated: 

I certify that on January 31, 2015, a true and correct copy of the 

foregoing instrument EXPERT REPORT OF GERALD RAYMOND 

(RAY) CALLAS, M.D. TO COMPLY WITH CPRC SEC. 74.351 

REGARDING DR. GERALD CALLAS, (DECEASED) was provided 

to all counsel of record in accordance with the Texas Rules of Civil 

Procedure via one or more of the following methods, US Regular Mail, 

US Certified Mail, Hand Delivery, Facsimile and/or Electronic Filing. 

[2ND SUPP. C.R. 167]. The Appellant, by a verified motion, denied that Appellant’s 

counsel had been properly served with the expert report filed by the Appellees and 

challenged the “certificate of service” representation of date and methods of service. 

[C.R. 37-38, 73-75]. As the Appellant challenged the validity of the “certificate of 
21

service” and asserted that it had not been properly served, the Appellees had the 

burden in the trial court to prove that the Appellant had been properly served. 

Ashworth v. Brzoska, 274 S.W.3d 324, 330-331 (Tex. App.-Houston [14th Dist.] 

2008, no petition); Mathis v. Lockwood, 166 S.W.3d 743, 745 (Tex. 2005). The 

Appellees did not present evidence or argument in the trial court to support their 

representation of the methods and date of service that appeared in the “certificate of 

service”. Instead, they presented evidence and argument that established that they 

had unsuccessfully attempted an alternative method of service, “by email”, that was 

not set out in their “certificate of service”. [2ND SUPP. C.R. 1552-1554]. 

While the Appellees’ expert report was electronically filed in this case under 

Rule 21(f), TRCP, the Appellees do not dispute the fact that they did not 

electronically serve the Appellant’s attorney. Rule 21a(a)(1), TRCP, provides:

(1) Documents filed electronically. A document filed 

electronically under Rule 21 must be served electronically through the 

electronic filing manager if the email address of the party or attorney to 

be served is on file with the electronic filing manager. If the email 

address of the party or attorney to be served is not on file with the 

electronic filing manager, the document may be served on that party or 

attorney under subparagraph (2).

The Appellant asserted in a verified motion that its attorney’s email address had been 

on file with the electronic filing manager since February of 2014. [C.R. 37-38]. As 

the Appellees did not dispute this fact, the alternative method of service “by email”
22

allowed by Rule 21a(a)(2), TRCP, was not available to the Appellees and was not 

proper service under the facts of this case.

In the trial court, the Appellees did not dispute the fact they did not 

electronically serve the Appellant; instead, they argued that Section 74.351(a), supra,

does not require that an expert report and curriculum vitae be “filed” but that they 

only need to be “served”. [2ND SUPP. C.R. 1555]. The Appellant did not, and does 

not, disagree with this statement. However, once the Appellees chose to 

electronically file their expert report on Saturday, January 31, 2015, their later 

attempt to serve the Appellant’s counsel by email, [C.R. 54], was not permissible as 

electronic service was then mandated by Rule 21a(a)(1). Further, when the Appellees 

again attempted to electronically file their expert report on Monday, February 2, 

2015, they were again required to electronically serve the Appellant’s counsel as, 

contrary to their “certificate of service”, they had not done so on Saturday, January 

31, 2015. The Appellees attempt to serve the expert report “by email” on Saturday, 

even if it had been successfully served, which it was not, would not have been proper 

service. Further, as will be discussed in part “C” below, the Appellees should have 

known on Monday, February 2, 2015, when they electronically filed their expert 

report, that their attempted service “by email” on Saturday, January 31, 2015, had not 

been successful. [Appendix B; C.R. 105 – Rule 12.5.4, Amended Local Rules of the 

District Courts for Galveston County, Texas].
23

Further, the Appellees asserted in the trial court that they were not required to 

electronically serve the Appellant because the expert report and curriculum vitae was

not a “pleading, plea, motion, or application to the court for an order” covered by 

Rule 21(a). The Appellees read the rules too narrowly and failed to recognize that 

Rule 21a(a) also applies to “every notice required by these rules”. The Appellees 

stated at page eleven (11) of their response:

...Thus, neither the expert report nor the curriculum vitae had to be filed. 

Even though they were filed, they were not filed “under Rule 21”. They 

were simply filed out of an abundance of caution and to put the parties 

and Court on notice of their existence, and correctly “Served” by email 

upon defense counsel pursuant to TRCP Rule 21a(a)(2). 

[2ND SUPP. C.R. 1555]. Thus, the Appellees admittedly filed a “notice” to the Court 

that they had performed an act that would ostensibly begin the running of the 

Appellant’s 21 day deadline to “file” objections to the expert report if, in fact, 

“service” of the expert report had been completed as represented by the Appellees. 

Thus, electronic service was mandatory under Rule 21a(a)(1). Further, the Appellees 

read too narrowly what is “filed” “under Rule 21”. Rule 21(f) establishes rules for 

the electronic filing of all “documents” in counties where electronic filing has been 

mandated, not just the category of documents set out in Rule 21(a). The Appellees 

electronically “filed” their expert report and curriculum vitae (“documents”) under 

the requirements established in Rule 21; therefore, electronic service of the 

“documents” was mandatory.
24

As previously stated, this Court has held that a claimant is required to comply 

with Rule 21a, TRCP, when serving the expert report and curriculum vitae pursuant 

to Section 74.351(a), supra. Nexion Health at Beechnut, Inc. v. Paul, supra, at 718. 

The Appellees failed to comply with the mandatory electronic service required by 

Rule 21a(a)(1); therefore, their attempts at service “by email”, even if it had been 

completed, which it was not, was not proper service and the trial court erred in failing 

to dismiss this cause of action with prejudice to its refiling. See, Jacobs v. Jacobs, 

supra, at 633-634; Granderson v. Ross, supra. Further, in the event the Court were 

to determine that electronic service was not mandatory under the facts of this case,

the trial court still erred in failing to dismiss this case with prejudice to its refiling as 

the Appellees did not serve the Appellant with a “true copy” of their expert report 

and curriculum vitae within the 120 day deadline.

C) APPELLEES’ ATTEMPTED EMAIL SERVICE OF THEIR EXPERT 

REPORT AND CURRICULUM VITAE ON SATURDAY, JANUARY 

31, 2015, AT 6:27 P.M., IF IT HAD BEEN COMPLETED, WOULD 

HAVE BEEN DEEMED SERVED ON FEBRUARY 2, 2015

As discussed above, the Appellant filed its original answer on October 3, 2014, 

[C.R. 30-32], and the Appellees expert report and curriculum vitae were due within 

120 days of that date, January 31, 2015. [C.R. 72-73]. On January 31, 2015, at 6:27 

PM, the Appellees’ counsel’s office sent an email to Appellant’s counsel which 

stated: “Attached please find your copy of the Expert Report and Exhibits filed with 
25

the Court earlier today. This will be 1 of 2 emails. Thank you.” The email does not 

reflect the date or time that it was actually received in Appellant’s counsel’s email 

inbox. [C.R. 53]. The evidence is undisputed that the second email never arrived in 

Appellant’s counsel’s email inbox. [C.R. 55]. The Appellant argued in the trial court 

that the Appellees did not complete service of their expert report within the 120 day 

deadline as the contents of the second email was not served upon the Appellant, if at 

all, until February 12, 2015. [See part “A” above.] Further, the Appellant argued 

that if both emails sent on January 31, 2015, had been received in Appellant’s 

counsel’s email inbox, they would have been deemed “served” on February 1, 2015. 

[C.R. 38-40, 75-76]. 

As discussed above, this Court has held that claimants are required to 

comply with the rules established by Rule 21a, TRCP, in order to complete service 

of their expert report and curriculum vitae mandated by Section 74.351(a), supra. 

See, Nexion Health at Beechnut, Inc. v. Paul, supra, at 718. As discussed in part “B” 

above, the Appellees were required, under the facts of this case, to electronically 

serve the Appellant in accordance with Rule 21a(a)(1); however, they chose to 

attempt, unsuccessfully, to serve the Appellant “by email” pursuant to Rule 

21a(a)(2), TRCP. In the absence of the Appellees electronically filing their expert 

report and curriculum vitae, service “by email” may have been permissible; however, 
26

the Appellees would still be required to comply with the rules that govern service “by 

email”. 

Rule 21a(a)(2), TRCP, provides that “a document not filed electronically may 

be served....by email...”. However, unlike the other methods of permissible service, 

Rule 21a(b), TRCP, does not specify when service by email is complete. As the rule 

is silent as to when service by email is complete, service can only be completed when 

the document is actually delivered to the person being served. In the case before the 

Court, the only evidence is that Appellees’ “email 1”, [C.R. 53], appeared in 

Appellant’s counsel’s email inbox on February 1, 2015; however, as Appellees’ 

“email 2” never reached Appellant’s counsel’s email inbox, [C.R. 55], email service 

of the Appellees’ expert report and curriculum vitae was not complete on 

February 1, 2015. Even if both emails had been received in Appellant’s counsel’s 

email inbox on February 1, 2015, the service of the expert report would have still 

been outside the 120 day deadline.

Further, as the Appellees’ “email 1” was “Sent: Saturday, January 31, 

2015 6:27 PM”, service “by email” after 5:00 p.m. should be deemed completed on 

the following day in conformity with Rule 21a(b)(2) which establishes the 

completion of fax service after 5:00 p.m. See, Nexion Health at Beechnut, Inc. v. 

Paul, supra, at 718. While Rule 21a(b) is silent as to emails, Rule 501.4, TRCP,

provides:
27

(4) Email. A copy may be sent to an email address expressly 

provided by the receiving party, if the party has consented to email 

service in writing. Service by Email after 5:00 p.m. local time of the 

recipient will be deemed to have been served on the following day.

As Rule 21a is silent as to completion of email service, there is no apparent reason 

for the Texas Supreme Court to have considered the completion of email service 

under Rule 21a to be different than the rule it established for the completion of email 

service under Rule 501.4(4). Therefore, if the attempted email service had been 

completed after 5:00 p.m. on Saturday, January 31, 2015, it would have been deemed 

completed on February 1, 2015, in accordance with the above rules. However, as 

established by the above email chain, the Appellant’s attorney did not receive the 

Appellees’ complete emails on February 1, 2015, as at least one of the emails was 

not delivered to the Appellant’s attorney’s email inbox. The Appellees’ attempted 

email service, if completed at all, was not complete until the Appellant’s attorney 

received the emails that were sent on February 3rd and 12th, 2015. 

Further, the District Courts of Galveston County, in 2011, adopted local rules 

for practice in those courts pursuant to Rule 3a, TRCP. [Appendix B; C.R. 8-108]. 

Rule 3a provides:

Each administrative judicial region, district court, county court, 

county court at law, and probate court may make and amend local rules 

governing practice before such courts, provided:

(1) that any proposed rule or amendment shall not be inconsistent 

with these rules or with any rule of the administrative judicial 

region in which the court is located;
28

(2) no time period provided by these rules may be altered by local 

rules;

(3) any proposed local rule or amendment shall not become 

effective until it is submitted and approved by the Supreme 

Court of Texas;

(4) any proposed local rule or amendment shall not become 

effective until at least thirty days after its publication in a 

manner reasonably calculated to bring it to the attention of 

attorneys practicing before the court or courts for which it is 

made;

(5) all local rules or amendments adopted and approved in 

accordance herewith are made available upon request to the 

members of the bar;

(6) no local rule, order or practice of any court, other than local 

rules and amendments which fully comply with all 

requirements of this Rule 3a, shall ever be applied to determine 

the merits of any matter.

Pursuant to Rule 3a, the “Amended Local Rules of the District Courts for Galveston 

County, Texas” were submitted and approved by the Supreme Court of Texas on 

April 29, 2011. [Appendix B – “Approval of Amended Local Rules for the County 

Courts at Law and District Courts of Galveston County]. As will be shown below, 

the local rules at issue are not inconsistent with the Texas Rules of Civil Procedure 

and do not alter any time periods; therefore, the local rules comply with all 

requirements of Rule 3a and may “be applied to determine the merits of any matter”. 

See, Approximately $14,980.00 v. The State of Texas, 261 S.W. 3d 182, 188-189 

(Tex. App.-Houston [14th Dist.] 2008, no petition); Approximately $15,589.00 v. The 

State of Texas, 230 S.W. 3d 871, 874 (Tex. App.-Houston [14th Dist.] 2007, no 

petition). Further, litigants are charged with knowledge of local rules of courts. See, 
29

In Re Estate of Earle Stanton, 2006 WL 343907 (Tex. App.-Tyler 2006, pet. denied); 

Barding v. Texas Department of Criminal Justice, Pardons and Paroles Division, 

1998 WL 765109 (Tex. App.-Austin 1998, no petition); Woods v. Powell, 1989 WL 

82202 (Tex. App.-Houston [14th Dist.] 1989, no petition); Mayad v. Rizk, 554 S.W. 

2d 835, 838-839 (Tex. App.-Houston [14th Dist.] 1977, writ refused n.r.e.).

The “Amended Local Rules of the District Courts for Galveston County, 

Texas” include rules for the electronic filing of court documents. Rule 12.2.1 (h) and 

(j) set forth:

(h) “Electronic service” is a method of serving a document upon a party 

in a case by electronically transmitting the document to that party’s 

e-mail address.

(j) “Electronically serve” means to serve a document by means of 

electronic service.

With respect to the completion of electronic service, the local rules provide:

12.5.2 Completion of Service and Date of Service

(a) Electronic service shall be complete upon transmission of the 

document by the filer to the party at the party’s e-mail address.

(b) Except as provided by subsection (c) below, the date of service shall 

be the date the electronic service is complete.

(c) When electronic service is complete after 5:00 p.m. (recipient’s 

time), then the date of service shall be deemed to be the next day that is 

not a Saturday, Sunday or legal holiday.

As Rule 21a(b), TRCP, is silent as to when service by email is complete, the above 

local rules do not conflict with Rule 21a and are controlling with respect to the 
30

question of when email service is complete for the District Courts of Galveston 

County, Texas.

As it is undisputed that the Appellees’ unsuccessful attempt at email service 

began at 6:27 PM on Saturday, January 31, 2015, if the email service had been 

completed at that time, the local rules would have deemed the Appellees’ expert 

report and curriculum vitae to have been served on Monday, February 2, 2015. See, 

Texas Department of Aging and Disability Services v. Mersch, 418 S.W. 3d 736, 739-

740 (Tex. App.-Houston [1st Dist.] 2013, no petition). Thus, the service of the expert 

report and curriculum vitae would have been beyond the 120 day deadline.

Further, the local rules provide for the content of the certificate of service as 

follows:

12.5.4 Certification of Service

(a) Documents to be electronically served upon another party shall be 

served before the time or at the same time that the document is filed.

(b) A filer who electronically serves a document upon another party 

shall make a written certification of such service that shall 

accompany the document when that document is filed. The written 

certification shall include, in addition to any other requirements 

imposed by the Texas Rules of Civil Procedure, the following:

(i) the filer’s e-mail address or telecopier (facsimile machine) 

number;

(ii) the recipient’s e-mail address;

(iii) the date and time of electronic service; and

(iv) a statement that the document was electronically served 

and that the electronic transmission was reported as 

complete.
31

The Appellees’ “certificate of service” failed to comply with the local rules. [2ND 

SUPP. C.R. 167]. Local Rule 12.5.4 (b) (iv) required the Appellees to include in their 

certificate of service “a statement...that the electronic transmission was reported as 

complete.” If the Appellees had complied with this rule, they would have been aware 

that the second email had not been delivered to Appellant’s counsel’s email inbox 

and that their attempt at email service on January 31, 2015, had not been complete. 

[C.R. 55].

The trial court erred in failing to dismiss this cause of action with prejudice to 

its refiling as the Appellees attempted email service of their expert report and 

curriculum vitae after 5:00 p.m. on Saturday, January 31, 2015, if it had been 

completed, would have been deemed completed on Monday, February 2, 2015; thus, 

completed service would have been outside the 120 day deadline. Further, even if 

this court finds that the rules concerning email service after 5:00 p.m. do not apply in 

this case, the trial court still erred in failing to dismiss this cause of action with 

prejudice to its refiling as the Appellees attempted email service was not successfully 

completed on January 31, 2015. The Appellant’s counsel received the Appellees’ 

first email on February 1, 2015, and the last email containing portions of the expert 

report on February 12, 2015; thus, the Appellees’ attempted email service was outside 

the 120 day deadline. 
32

D) RULE 4, TRCP, DID NOT EXTEND THE APPELLEES’ SERVICE 

DEADLINE TO MONDAY, FEBRUARY 2, 2015, AS THE TEXAS 

SUPREME COURT HAS MANDATED “STRICT COMPLIANCE” 

WITH THE 120 DAY SERVICE REQUIREMENT OF SECTION 

74.351(a); AND, IF RULE 4 DOES APPLY, THE CASE STILL MUST 

BE DISMISSED AS PROPER SERVICE WAS NOT COMPLETED ON 

OR BEFORE FEBRUARY 2, 2015

In the trial court, the Appellees argued that their expert report and curriculum 

vitae were due on Monday, February 2, 2015, as due dates falling on a Saturday or 

Sunday are extended to the following Monday pursuant to Rule 4, TRCP. [2ND SUPP. 

C.R. 1545-1557, 1624-1637; R.R. 12-14, 25-26, 35]. In support of their argument, 

the Appellees cited the trial court to the case of Eikenhorst v. Wellbrock, 2008 WL

2339735 (Tex. App.-Houston [1st Dist.] 2008, no petition). Eikenhorst is not 

applicable to the case before the Court as it did not address the question of whether 

the mandatory 120 day deadline of Section 74.351(a) can be extended by Rule 4, 

TRCP. More to the point, the Appellees cited the trial court to Christus Spohn Health 

System Corporation v. Lopez, 2014 WL 3542094 (Tex. App.-Corpus Christi 2014, 

no petition) and Carpinteyro v. Gomez, 403 S.W. 3d 508 (Tex. App.-San Antonio 

2013, pet. denied). These cases addressed the question of whether Rule 4, TRCP, 

and Section 311.014 of the Texas Government Code could be applied to extend the 

120 day deadline for the service of the expert report and curriculum vitae mandated 

under Section 74.351(a), supra. Both courts acknowledged that if a conflict existed 

between the application of Section 74.351(a) and Rule 4 and Section 311.014, then 
33

pursuant to Section 74.002(a) of the Texas Civil Practice & Remedies Code, “section 

74.351(a) would trump rule 4 and section 311.014 of the Texas Government Code.” 

Carpinteyro v. Gomez, supra, at 511. However, both courts incorrectly determined 

that there was no conflict between Section 311.014, Rule 4, and the 120 day deadline 

of Section 74.351(a) as it “does not provide a method for computing the 120 day 

requirement when the end date is Saturday, Sunday, or a legal holiday.” Christus 

Spohn Health System Corporation v. Lopez, supra. As argued by the Appellant in the 

trial court, [C.R. 73, 114-115; R.R. 7-8, 28-29, 36], the above opinions were 

incorrectly decided as they failed to consider and apply the “strict compliance” 

standard which is mandatory. Zanchi v. Lane, supra at 376. As stated in the Zanchi

opinion, there are only two circumstances in which the 120 day deadline can be 

extended: 1) by agreement pursuant to Section 74.351(a), and 2) by the court pursuant 

to Section 74.351(c) in order to allow the claimant to cure a deficient report. See also, 

Badiga v. Lopez, supra, at 684-685. Under the “strict compliance” standard, no other 

extensions are permitted. Contrary to the “strict compliance” standard, the Texas 

Rules of Civil Procedure are to be given a liberal interpretation. See Rule 1, TRCP; 

Approximately $14,980.00 v. The State of Texas, supra, at 187. Statutes that receive 

a liberal construction are governed by the “substantial-compliance” standard, not the 

“strict compliance” standard. See Mustang Tractor & Equipment Co. v. Hartford 

Accident and Indemnity Co., 263 S.W. 3d 437, 440 (Tex. App.-Austin 2008, pet. 
34

denied); Henry S. Miller Company v. TREO Enterprises, supra at 678. Therefore, by 

applying Rule 4, TRCP, and/or Section 311.014 of the Texas Government Code and 

liberally extending the deadline to 122 days, the Courts of Appeal opinions above 

applied the “substantial-compliance” standard and grafted a third basis for an 

extension upon the statute which inherently conflicts with the Section 74.351(a) 120 

day deadline that must be strictly applied.

As previously discussed, this Court has previously stated that: “strict 

compliance” means literal compliance...”, Payne v. Payne, supra, and “...virtually any 

deviation from these rules is sufficient to set aside a default judgment...”. Mansell v. 

Insurance Company of The West, supra, at 501. In addition, the Texas Supreme Court 

has ruled that statutes that require “strict compliance” also require “strict 

construction.” See, for example, Texas Rice Land Partners v. Denbury Green 

Pipeline, 363 S.W. 3d 192, 198 (Tex. 2012); Wallace v. Howell, 707 S.W. 2d 876, 

877 (Tex. 1986); Painter v. Shaner, 667 S.W. 2d 123, 125 (Tex. 1984). In discussing 

“strict construction”, the Texas Supreme Court stated in Southwestern Bell 

Telephone v. Emmett, 459 S.W. 3d 578, 583-584 (Tex. 2015):

...Where a statute appears to depart from the common law and seeks to 

impose liability, “the statute will be strictly construed in the sense that 

it will not be extended beyond its plain meaning or applied to cases not 

clearly within its purview.” Smith v. Sewell, 858 S.W. 2d 350, 354 

(Tex. 1993). Accordingly, in the absence of a statutory definition of 

“made necessary,” we will ascribe to the text its plain meaning. See 

Union Carbide Corp. vs. Synatzske, 438 S.W. 3d 39, 52 (Tex. 2014) 

(“We construe a statute’s words according to their plain and common 
35

meaning unless they are statutorily defined otherwise, a different 

meaning is apparent from the context, or unless such a construction 

leads to absurd results.”) Statutory construction also requires us to take 

statutes as we find them, understanding that the Legislature 

purposefully selected the words chosen. See id.

See also, The City of Houston v. Jackson, 192 S.W. 3d 764, 770 (Tex. 2006) (“When 

the statutory language is unambiguous, we must apply the statute as written”); 

Bullock v. National Banc Shares Corporation, 584 S.W. 2d 268, 272-273 (Tex. 1979) 

(stating that “strict construction” requires that statutory tax exemptions must 

“affirmatively appear” in the statutes and “This strict, but literal, construction of the 

pertinent statutes lead to only one conclusion.”). In Verges v. Lomas & Nettleton 

Financial Corporation, 642 S.W. 2d 820, 822 (Tex. App.-Dallas 1982, no writ), the 

court stated:

Inherent within the standard of strict compliance is the 

requirement that the statute be strictly construed. Strict construction is 

defined by Black’s Law Dictionary (5th Ed. 1979) as follows:

[C]onstruction of a statute or other instrument according to its letter, 

which recognizes nothing that is not expressed, takes the language 

used in its exact and technical meaning, and admits no equitable 

consideration or implication.

See also, Security Pacific Corporation v. Lupo, 808 S.W. 2d 126, 127 (Tex. App.-

Houston [14th Dist.] 1991, writ denied); Mahon v. Haddad, 783 S.W. 2d 769, 771 

(Tex.- App.-Fort Worth 1990, no writ); Cohen v. Strake, 743 S.W. 2d 366, 368 (Tex. 

App.-Houston [14th Dist.] 1988, no writ). Thus, pursuant to the “strict compliance” 

standard and its inherent “strict construction” of Section 74.351(a), supra, the 120 
36

day deadline can only be extended by written agreement of the parties under Section 

74.351(a) or by court order under Section 74.351(c). Rule 4, TRCP, and Section 

311.014 of the Texas Government Code can not apply as they conflict with the “strict 

compliance” of the 120 day deadline by liberally extending it to 122 days in the case 

before the Court.

As Rule 4, TRCP, and Section 311.014 of the Texas Government Code do not 

apply to Section 74.351(a), supra, and do not extend the 120 day deadline for service 

of the expert report and curriculum vitae to 122 days, making them due on February 2, 

2015, in this case, the trial court erred in failing to dismiss this cause of action with 

prejudice to its refiling. Further, in the event this Court were to find that Rule 4, 

supra, and Section 311.014, supra, do apply in this case and extended the due date to 

February 2, 2015, the trial court still erred in failing to dismiss this cause of action 

with prejudice to its refiling as the Appellees failed to properly complete service of 

their expert report and curriculum vitae on or before February 2, 2015.

PRAYER

WHEREFORE, PREMISES CONSIDERED, the Appellant, The University of 

Texas Medical Branch at Galveston, prays that this Honorable Court reverse the order 

of the trial court denying “Defendant, The University of Texas Medical Branch at 

Galveston’s Motion to Dismiss with Prejudice for Failure to Timely Serve an Expert 
37

Report Pursuant to Section 74.351 of the Civil Practice and Remedies Code”; and, 

render judgment dismissing this cause of action in its entirety and with prejudice to 

its refiling. Further, the Appellant prays that all costs, in the trial court and Court of 

Appeals, be taxed against the Appellees. The Appellant further prays for all other 

relief, legal and equitable, to which it may be entitled. 

RESPECTFULLY SUBMITTED,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

KARA L. KENNEDY

Chief, Tort Litigation Division

/s/ S. Ronald Keister

___________________________________

S. RONALD KEISTER

State Bar No. 11185300

Assistant Attorney General

Attorney-In-Charge

Tort Litigation Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Ronny.Keister@texasattorneygeneral.gov

(512) 463-2197

FAX (512) 457-4435
38

CERTIFICATE OF COMPLIANCE

Pursuant to TEX. R. APP. 9.4(i)(3), this is to certify that this brief complies with 

the type-volume limitations of TEX. R. APP. 9.4(i)(2)(B)(must not exceed 15,000 

words). This brief contains 9,483 words in a proportionally spaced typeface, 

exclusive of the exempted portions set forth in TEX. R. APP. 9.4(i)(1). This brief has 

been prepared using Times New Roman 14 point in text and Times New Roman 12 

point in footnotes produced by Microsoft Word 2010 software. 

/s/ S. Ronald Keister

_______________________________

S. RONALD KEISTER

Assistant Attorney General
39

CERTIFICATE OF ELECTRONIC SERVICE

I certify that on July 31, 2015, at approximately10:30 a.m., I served a copy of 

Appellant’s Brief on the party listed below by electronic service concurrently with 

the electronic filing of the document. The electronic transmission was reported as 

complete. My e- mail address is Ronny.Keister@texasattorneygeneral.gov . 

Brian D. Sutton Via e-service

Sutton & Jacobs, LLP

Attorneys and Counselors at Law

850 Park Street

Beaumont, Texas 77701

(409) 833-1100

(409) 833-0711, fax

brians@sutton-jacobs.com

ATTORNEY FOR PLAINTIFF

/s/ S. Ronald Keister

____________________________________

S. RONALD KEISTER

Assistant Attorney General
40

No. 14-15-00449-CV

IN THE COURT OF APPEALS 

FOR THE FOURTEENTH JUDICIAL DISTRICT

HOUSTON, TEXAS

THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, 

APPELLANT,

V.

CAROLYN CALLAS, RAY CALLAS AND JAMIE CALLAS, INDIVIDUALLY 

AND AS THE REPRESENTATIVES OF THE ESTATE OF GERALD CALLAS 

AND FOR AND ON BEHALF OF ANY WRONGFUL DEATH 

BENEFICIARIES,

APPELLEES.

On Appeal from the 212th Judicial District Court

Galveston County, Texas

No. 14-CV-0927

APPENDIX

A) ORDER DENYING THE UNVIERSITY OF TEXAS MEDICAL 

BRANCH AT GALVESTON’S MOTION TO DISMISS WITH 

PREJUDICE FOR FAILURE TO TIMELY SERVE AN EXPERT 

REPORT PURSUANT TO SECTION 74.351 OF THE CIVIL PRACTICE 

AND REMEDIES CODE

B) APPROVAL OF AMENDED LOCAL RULES FOR THE COUNTY 

COURTS AT LAW AND DISTRICT COURTS OF GALVESTON 

COUNTY
APPENDIX A: 

ORDER DENYING THE UNVIERSITY OF TEXAS MEDICAL BRANCH 

AT GALVESTON'S MOTION TO DISMISS WITH PREJUDICE FOR 

FAILURE TO TIMELY SERVE AN EXPERT REPORT PURSUANT TO 

SECTION 74.351 OF THE CIVIL PRACTICE AND REMEDIES CODE 
------------- --------------------------- -------------------------------------t4--GV--0927------------------

DCORDMO 

Order Oenylng Motion 

·. ·.·~~···· ~~- -~ ~ill~~ID~Uf ~~ CAUSE NO. 14-CV-0927 - &£Jt2iti.::me::z: 

--15'-HAY =-o-AM It: 5 O - _C~ROL YN_CALLAS_,_RAY CAL__l..1'S AN_~_ _ _ __ § __ IN IHE DISTRICT COURT _ 

----~~~~~,~~:;HLEYESTAT£_Qf_ - --lrn rn-----~\~ ~-~- GERALD CALLAS AND FOR AND ON § GALVE~tf Jn1

f Jui1~,~~EXAS -- -----BEHALF OF AN¥W-RONGFUL--9EAT-H-8ENEF1GIAR1ES -§-- ----------------------------

Plaintiffs, § ----- ----------------- - -----------------§---------------------------------

§ 

--§-\;J(LVESTONCOUNTY,IEXAS-

---------------------------------~------- § UNIVERSITY OF TEXAS MEDICAL BRANCH -f- -------- --- ---- Defendant. _ _ _______ _ _ ___ ___ ____ ___§ _ ___212TH _JUDl_CIAL__DISTRICT_ nu----_ _ __ _ 

_ 1-------------------------- -- ----- -------- 0-R-D-ER ____ -------------------- ------------ - . --1 - _ _O_N___ 3=:2~ 

-----UNIVE--RSIT¥-OF-l'-E--XAS--M&DICAL.--BRANCH'S--MoTION TO DISMISS FOR FAILURE TO TIMELY SERVE -------

-~-~------- - -----~--·-·-- -- - ----~--- -- ----------~-~~---·-------~-----~-----------------~---- ----------------

ORDERED, ADJUDGED AND DECREED that DEFENDANT UNIVERSITY OF TEXAS 

MEDICAL BRANCH'S MOTION TO DISMISS FOR FAILURE TO TIMELY SERVE AN EXPERT REPORT 

PURSUANT TO SECTION 7 4.351 is in all things DENIED. 

135 
APPENDIXB: 

APPROVAL OF AMENDED LOCAL RULES FOR THE COUNTY 

COURTS AT LAW AND DISTRICT COURTS OF GALVESTON 

COUNTY 
IN THE SUPREME COURT OF TEXAS 

Misc. Docket No. 11- 9 Q 8 3 

APPROVAL OF AMENDED LOCAL RULES FOR THE COUNTY COURTS AT LAW 

AND DISTRICT COURTS OF GALVESTON COUNTY 

ORDERED that: 

Pursuant to Texas Rule of Civil Procedure 3a, the Supreme Court of Texas approves the 

following, amended local rules for the county courts at law and district courts of Galveston County. 

Dated: April ;i..~, 2011. 

Wallace B. Jefferson, Chie 

N~~~§ffl: 

Dale Wainwright, Justice 
Paul W. Green, Justice 

Phil Johnson, Justice 

• 

Debra H. Lehrmann, Justice 

Misc. Docket No. 11-~Ot3 Page 2 
AMENDED LOCAL RULES OF THE COUNTY COURTS AT LAW FOR 

GALVESTON COUNTY, TEXAS 

Purpose 

The Local Rules of Galveston County have as their primary purpose the management of the court dockets sensibly, 

efficiently and most important fairly. Their object is to be an understandable aid to the just disposition of cases 

without unnecessary delay or expense. 

Rule 1 

General 

Rule 1.10 Time Standards for Case Disposition: 

Pursuant to Article 5, Section 31 of the Texas Constitution, Sections 22.004, 72.002 (2) and 74.024 of the Texas 

Government Code, Title 3 of the Texas Family Code, Rule 6 of the Rules of Judicial Administration, and Rules 1, 3, 

4 and 5 of the Regional Rules of Judicial Administration, time standards have been established to which reference is 

made for all purposes, as they now exist, or as they may be hereafter amended. 

Rule 1.11 Court Sessions; Annual Calendars; Jury Weeks; Non Jury Weeks; Criminal; 

Civil; Weeks not in Session; Holidays: 

The Courts shall publish a calendar for each year setting out the civil and criminal jury weeks and the non-jury weeks 

within which they will be making their settings. The calendar will be published by September 1 of the preceding 

year and will be followed except when the court in its discretion deems it inappropriate. 

Rule2 

Local Administrative Judge 

Rule 2.10 Powers and Duties of Local Administrative County Court at Law Judge: 

A. Election of the Local Administrative Judge; County Courts at Law 

I. Pursuant to Section 74.091 of the Texas Government Code and Rules ofJudicial Administration a 

majority of the County Court at Law Judges will elect a Local Administrative County Court At Law 

Judge for a two-year term at the January meeting in 1993 and at the January meeting of each second 

year thereafter. 

2. The Local Administrative County Court At Law Judge will have all duties and the responsibility for 

attending to emergency and special matters of the County Courts pursuant to Rule 9 and IO (d) of the 

Rules of Judicial Administration. 

B. Meetings of the Judges of the County. 

1. The Local Administrative Judges or a majority of the Judges shall call joint meetings of the District & 

County Court at Law Judges at least once each month and as needed. 

2. The Local Administrative Judges shall preside over such meetings and in their absence a temporary 

Chairman may be elected by a majority of the quorum to preside over such meetings. 

Rule3 

Civil Cases 

Rule 3.10 Filing and Assignment of Cases: 

A. Workers compensation cases may be docketed in County Court Number One, County Court Number Two 

and County Court Number Three in rotation with the District Courts. 

B. Civil County Court suits are docketed in County Court At Law Number One, County Court At Law Number 

Two and County Court at Law Number Three. All civil cases filed in County Court At Law Number One, 

County Court At Law Number Two and County Court at Law Number Three shall be assigned. Waiver of 

Parental Notification before Abortion cases are docketed in County Court at Law Number One, County 

Court at Law Number Two and County Court at Law Number Three in rotation with the District and 
Probate Courts. Once assigned to a Court, a case will remain on the docket of that Court for all purposes 

unless transferred as hereinafter provided. 

Rule 3.11 Transfer of Cases; Docket Exchange; Bench Exchange: 

A. After assignment to a particular Court a case may be transferred to another Court by order of the Judge of 

the Court in which the case is pending with the consent of the Judge of the Court to which it is transferred; 

or by order of the respective Local Administrative Judge. 

B. The Courts may at any time exchange cases and Benches to accommodate their dockets or to specialize the 

Court's trials. 

c. Prior Judgment. Any claim for relief based upon judgment shall be assigned to the Court of original 

judgment. 

o. Non Suit. If a case is filed in which there is a substantial identity of parties and causes of action as in a 

non-suited case, the later case shall be assigned to the Court where the prior case was pending. 

E. Consolidation. 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 number 

case and assigned to that Court. 

F. Severance. 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 letter designation; 

provided, however, 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. 

G. Presiding for another. In all cases where a judge presides for another Court, the case shall remain pending 

in the original Court. In any hearing on a motion for contempt, however, the Judge who issued the order 

which is claimed to have been disobeyed must preside over the motion for contempt hearing, except as 

otherwise provided in Section 21.002, Texas Government Code. 

H. Fair Distribution. The Local Administrative County Court at Law Judge may transfer cases between the 

respective Courts in the manner provided above or may assign cases from one Court to another Court for 

hearing if he finds that a Court has an inequitable burden due to illness, trial schedule, or other sufficient 

reasons. 

I. Improper Court. If a case is on the docket of a Court by any manner other than as prescribed by these 

rules, the Local Administrative County Court at Law Judge shall transfer the case to the proper Court. 

J. Rules related to the transfer and assignment of any civil case is exercised freely between all courts having 

concurrent jurisdiction in civil matters. 

Rule 3.12 Request for Non-Jury Setting: 

A. All requests for the scheduling of appearances for the Court for any purpose will be made by contacting 

the Court Coordinator who will arrange an appropriate time to appear before the Court. 

B. Requests for hearing shall be made to the Court in which the matter is pending, in accordance with these 

rules, and the parties making such request shall serve all other parties with notice of the date and hour set 

for hearing and of the particular matter which will be considered at such time. 

Rule 3.13 Request for Jury Setting: 

A. Demand for a trial by Jury shall not be occasion for advancement or substantial delay of the trial or of any 

other proceeding in the case, nor for transfer of the case to another Court. 

B. If the case is already set for non-jury trial when such demand is made, the Court may try the case with a 

jury on the same setting, add the case to the list of jury cases for the following week, or set it at some other 

convenient time. 

c. All requests for the scheduling of appearances for the Court for any purpose will be made by contacting the 

Court Coordinator who will arrange an appropriate time to appear before the Court, and the parties making 

such request shall serve notice to all parties for the date and hour set for hearing and of the particular 

matter which will be considered at such time. 

Rule 3.14 Setting and Assignment of Cases for Trial: 

Cases shall be set for trial by order of the Court, upon request of a party, on the Court's own motion or by 

docket control order. Cases shall be set for trial for a date certain. If a case is not assigned to trial, whether 

because of a continuance or because it is not reached by the second Friday after the date it is set, the Court 

shall reset the case to a date certain. Unless all parties agree otherwise, all settings must comply with all 

requisites of Texas Rules of Civil Procedure 245. A case is assigned to trial when counsel is called to the 

2 
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. 

Rule 3.15 Conflicting Settings and Assignments of Counsel: 

A. The Rules of Judicial Administration of the Administrative Region apply and control. 

B. Attorney already in trial in another Court. It is the duty of the attorney to notify the Court through its 

coordinator when the potential for this situation arises or when an attorney set for trial starts trial in 

another court. When an attorney set for trial starts in another Court, the attorney shall notify the Court 

when and where assigned. Where and when assigned will be verified upon request of the opposing Party. 

The attorney shall have a continuing duty to keep the Court informed when release is anticipated and when 

it occurs. 

c. Attorney assigned to two courts for the same date. ( l) It is the duty of an attorney to call the affected 

Judges' attention to all dual settings as soon as they are known. (2) 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: 

1. Criminal and Juvenile cases. 

2. Cases given preference by statute, including CPS cases. 

3. Preferentially set cases. 

4. Case set at earliest date. 

5. Case with earliest filing date. 

6. Court in multi-judge counties should yield to courts in rural counties in all other instances of 

conflicting settings. 

D. If any lawyer's caseload becomes a disruption to the orderly flow of a Jury Docket, the Court may limit the 

number of set cases in which the lawyer can be the attorney in charge and require designation of another 

attorney in charge for other set cases. 

Rule 3.16 Dismissal Docket; Involuntary Dismissals: 

A. All cases not set for trial or other hearing which has been on file for more than 24 months from the 

appearance date shall be placed on the Drop Docket by the Court Clerk under the direction of the Court. 

B. All cases on file for more than 12 months in which no answer has been filed shall be placed on the Drop 

Docket by the Court Clerk under the direction of the Court. 

c. When a case has been placed on the Drop Docket as above provided, the County Clerk shall promptly send 

a notice of the Court's intention to dismiss for want of prosecution. Notice of the Court's intention to 

dismiss shall be sent by the Clerk to each attorney of record, and to each party not represented by an 

attorney and whose address is shown on the docket or in the papers on file, by posting same in the United 

States Postal Service. A copy of such notice shall be filed with the papers of the cause with notation 

thereon made by the Clerk showing the name and address of all counsel of parties to whom notice was 

mailed and the date of mailing. 

D. Unless a written motion to retain has been filed prior to the expiration of thirty days after the mailing by 

the Court Clerk of the notice of intention to dismiss such case shall be dismissed for want of prosecution. 

Notice of the signing of the Order of Dismissal shall be given as required by Rule l65a,Texas.Rules of 

Civil Procedure. Failure to mail notices as set out above shall not affect any of the periods mentioned in 

Rule 306a except as provided in that rule. 

E. A motion for reinstatement after dismissal shall follow the procedure and be governed by the provisions of 

Rule 165a, Texas Rules of Civil Procedure, relating to reinstatement. 

Rule 3.17 Hearings on Pre-Trial, Motions, Exceptions and Pleas: 

A. Form. 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. 

B. Submission. Acceptance of motions by submission are at the discretion of each Court. In those Courts 

which decide motions by submission, 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 ruling on that 

date or later. 

c. Response. Responses shall be in \Hiting, and shall be filed at least two working days before the date of 

hearing or submission except on leave of the Court. Failure to file a response may be considered a 

representation of no opposition. 

3 
D. Oral argument. The motion or response shall include a request for oral argument if a party views it as 

necessary. The Court may grant that request or it may order oral argument on its own motion. A request 

for an oral argument is not a response under Local Rule 3.17 (c). Except where required by statute, the 

Court may in its discretion, disregard a request for oral hearing and rule upon the motion set by 

submission. 

E. Form of motions and responses. Opposed motions and responses shall: 

l. Be in writing; 

2. Be accompanied by a separate form order granting or denying the relief, and; 

3. Motions shall state in their title, "OPPOSED MOTION FOR ... " or "UNOPPOSED" [or AGREED] 

MOTION FOR ... " 

F. Certificates of conference. Motions shall contain a certificate that Movant and Respondent have 

conferred with each other and in good faith attempted to resolve the matter. Normally, a hearing or 

submission date will not be scheduled by the Court unless a motion contains a certificate of conference 

that complies with this rule. 

Rule 3.18 Continuances: 

A. Trial settings, whether or not made at a Docket control conference, will take into consideration the 

schedule of all attorneys/parties in charge. 

B. An attorney/party, who fails to notify the Court of a known conflict in scheduling at the time the case is 

set, shall be precluded from seeking a continuance at a later time on the grounds of such conflict. 

C. Any known ground for continuance of the trial setting shall be presented to the Court at least 14 days 

prior to the trial setting or at the pre-trial conference, if any, whichever shall occur first. or shall be 

waived. 

D. Upon granting of a motion for continuance, the order granting such motion for continuance shall contain 

an order resetting the case for trial. 

Rule 3.19 Complex Case Designation: 

The Court may at any time, in the interest of Justice, determine that the case is complex or recognize the 

circumstance which, upon its declaration or order, will classify the case as complex and thereafter the Court 

will invoke such standards as it believes are necessary to safeguard the rights oflitigants to the just 

processing of the cases, pursuant to Rule 6( e) of the Rules of Judicial Administration of the Supreme Court 

of Texas and Section 72.002 and 74.024 c(l) of the Texas Government Code. 

Rule 3.20 Alternate Dispute Resolution: 

In order to encourage the early settlement of disputes and to carry out the responsibilities of the Courts set 

out in section 154.003 of the Civil Practice and Remedies Code, appropriate alternative dispute resolution 

procedures will be encouraged and utilized. 

Rule 3.21 Pre-Trial and Scheduling Conferences: 

A. A pre-trial conference may be held at the request of the Court or of any attorney/party in charge. 

B. Status Conferences shall be scheduled on the Thursday approximately one hundred twenty (120) days 

from the date of the filing of a suit. Attorneys or pro se litigants shall either appear in person to report 

on the status of the case and assist in the preparation of a Docket Control Order including a final 

hearing date or shall submit an agreed Docket Control Order based on a trial date obtained from the 

court coordinator. 

C. All deadlines in Docket Control Order shall be strictly adhered to and enforced by the Court. The 

deadline for discovery completion means that discovery request shall be filed early enough for the 

opposing party to have the response time allowed by the Texas Rule of Civil Procedure or a motion for 

extension of time shall be filed and a hearing held. Completion" means that all discovery shall be 

finished by that date. In the event that no appearance is made at the status conference and no 

communication made to the Court, the case shall be dismissed for want of prosecution. 

Rule 3.22 Settlements: 

A. All trial counsel/parties are urged to make a bona fide effort to settle cases at the earliest possible date 

before trial. 

4 
B. The Court will expect counsel to confer with his/her client and with opposing counsel/parties 

concerning settlement and to recommend an offer which is in his/her professional opinion reasonable, 

unless in his professional opinion the case is not such as to justify any offer whatsoever. 

C. When an attorney/party settles or dismisses a case, which is set for trial, he shall give notice to the 

Court Coordinator as soon as possible. 

Rule 3.23 Jury Charge Questions and Instructions: 

Each party shall prepare in proper written form and present to the Court prior to or at the time of the jury selection, 

all jury charge questions and instructions which are raised by the pleadings and upon which the party has an 

affirmative burden. 

Rule 3.24 Certain Discovery Not Filed with the Court: 

Discovery Not Filed: The listed discovery shall not be filed with the County Clerk except on special order of the 

Judge of the Court, unless filed with the original petition. 

A. Discovery materials not to be.filed. The following discovery materials must not be filed with the Clerk 

except on special order, unless filed with the original petition: 

1. discovery requests, deposition notices, and subpoenas required to be served only on parties; 

2. responses and objections to discovery requests and deposition notices, regardless on whom the 

requests or notices were served; 

3. documents and tangible things produced in discovery; 

4. statements prepared in compliance with Texas Rule of Civil Procedure 193.3 (b) or (d), and; 

5. certificates of written discovery. 

B. Discovery materials to be filed. The following discovery materials must be filed: 

1. discovery requests, depositions notices, and subpoenas required to be served on nonparties; 

2. motions and responses to motions pertaining to discovery matters, and; 

3. agreements concerning discovery matters, to the extent necessary to comply with Texas Rule of 

Civil Procedure 11. 

C. Exceptions. Notwithstanding paragraph (A)-

1. the court may order discovery materials to be filed; 

2. a person may file discovery materials in support of or in opposition to a motion or for other use in 

a court proceeding, and; 

3. a person may file discovery materials necessary for a proceeding in an appellate court. 

Rule4 

Disposition of Family Law and Juvenile Cases 

(All rules for civil cases shall apply to family law cases unless specifically superseded by Local Rule 4.) 

Rule 4.1 General 

A. All suits authorized under the Family code are docketed in County Court at Law Number One, County 

Court at Law Number Two, County Court at Law Number Three and the 306th District Court, filed by order of the 

306th Family District Court. These rules shall be applicable to all family law cases filed in Galveston County. 

B. Pleadings and other documents required to be filed with the clerk in family cases pending in the County 

Courts of Galveston County shall be filed with the Galveston County District Clerk. 

Rule 4.11 Time Standards for Family Law Case Disposition (per Rules of Judicial 

Administration): 

A. Family Law Cases. 

I. Case Information Statement. Each litigant shall complete a Case Information Statement from the 

District Clerk's Office which shall set the nature of the case, length of preparation time required, and 

other relevant data as found necessary by the court. 

2. Contested Family Law Cases. The time standard for disposition of family cases shall be within 6 

months from the appearance date or within 6 months from the expiration of the waiting period provided 

by the Family code where such is required, whichever is later. 

5 
3. Uncontested Family Law Cases. The time standard for disposition of family cases shall be within 3 

months from the 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. 

B. Juvenile Cases. 

In addition to the requirements of Title 3, Texas Juvenile Justice Code (TJJC): 

I. All juvenile cases shall be tried before the Juvenile Referee pursuant to Section 54. l 0 TJJC except the 

following: 

a. Adjudicatory or Transfer (Waiver) Hearings pursuant to Section 54.02 TJJC (and the following time 

standards shall apply) 

l. concerning a juvenile in detention facility: Not later than 10 days following admission to such 

a facility, except for good cause shown of record, and; 

2. concerning a juvenile not in a detention facility: Not later than 30 days following the filing of 

the petition, except for good cause shown of record. 

b. Jury trials, which shall be tried at the county seat; 

c. Hearings provided by Sections 54.03, 54.04, and 54.05 TJJC shall be conducted by the judge if the 

grand jury approved a petition under Section 53.045 TJJC, and; 

d. Cases where the child and his/her attorney refuse to waive the hearing by a juvenile judge pursuant 

to 54. lO (a)(2). 

2. The following time standards shall be met in all cases whether tried by a judge or referee: 

a. All initial detention hearings shall be heard on the next business day following the admission to the 

detention facility, 

b. All adjudication and modification hearings shall be held: 

1. not later than ten ( 10) working days after the initial detention hearing if the child is detained 

pending trial except for good cause shown of record. 

2. not later than thirty (30) days after the initial detention hearing ifthe child is released from 

detention pending trial. 

c. Disposition Hearing. Not later than 15 days following the Adjudicatory hearing. The Court may 

grant additional time in exceptional cases that require more complex evaluation. 

3. Nothing herein shall prevent a judge from recessing a juvenile hearing at any stage of the proceedings 

where the parties are agreeable or when in the opinion of the judge presiding in the case the best 

interests of the child and of society shall be served. 

C. Complex Cases. 

It is recognized that in especially complex cases or special circumstances it may not be possible to adhere to 

these standards. 

Rule 4.12 Juvenile Disposition Provisions: 

No provision is made in these rules for the disposition of juvenile cases other than as set out above, since juvenile 

cases are heard by the 306th Family District Court, and the County Courts . Rules for the disposition of juvenile 

cases will be adopted by the aforementioned courts. 

Rule 4.13 Financial Information Statements: 

A. All parties to any Divorce, Suit Affecting Parent Child Relationship, Modification or other case involving 

conservatorship, periods of possession or child support or spousal support shall file with the Clerk and all 

counsel and pro se parties prior to any trial or hearing in which support, finances, attorney's fees or the 

payment of any sort of expense is at issue, a Financial Information Statement and the two most recent 

pay stubs from all current employers. Compliance with this Rule may be by the completion of a Financial 

Information Statement in the form attached as Exhibit A to these Rules. Parties are responsible for accuracy 

and timeliness. 

B. In all family law cases involving Divorce, Suit Affecting Parent Child Relationship, modification or other case 

involving conservatorship, periods of possession or child support or spousal support, the following shall be 

included in all orders granted ex-parte setting a hearing on temporary orders involving any support or alimony 

or setting a hearing on support modification: 

All parties to this action shall file with the Clerk and deliver a copy to all counsel or prose 

6 
parties a Financial Information Statement (FIS), and the two most recent pay stubs 

from all current employers. 

C. The Clerk shall attach a copy of the Financial Information Statement form attached as Exhibit A to these Rules 

to each Notice of Temporary Hearing or Citation on Modification which is served on a party and shall furnish a 

copy of same to each counsel or pro se party not served with the Order. 

D. Each Financial Information Statement shall be signed by the Party. Counsel and parties are encouraged to 

prepare the Financial Information Statement in such a manner that it can be presented as evidence in lieu of 

direct testimony. Counsel and parties are encouraged to offer the same evidence. 

E. All parties are required to file a Financial Information Statement as set out in these Rules. Failure of either 

party to file a Financial Information Statement may result in the court adopting as stipulated the information 

filed by the complying party. The non-complying party may be prohibited from contesting the accuracy of the 

information presented by the complying party. If both parties fail to comply with these Rules, the court may 

strike the case from the docket or continue the case. 

Rule 4.14 Mandatory Disclosure of Financial Information 

A. Temporary Orders. In any hearing for temporary orders in which child support or spousal support is an 

issue, the parties shall without waiting for a discovery request, provide to the opposing counsel or pro se party 

prior to the start of the hearing Financial Information Statements, the two most recent pay stubs from all current 

employers, copies of income tax returns or requests for extensions for the past two years (including all 

schedules, forms W-2 and 1099 filed with the returns) and copies of form W-2 and 1099 for the prior year if a 

tax return has not yet been filed. A party who is self employed shall also provide the balance sheet and income 

statement for his or her business for the prior fiscal year and most recent month or period for which such 

reports have been prepared. 

B. Final Hearings. The parties shall without waiting for a discovery request provide to the opposing counsel or 

pro se party at least seven days before the start of final trial the following documents: 

l. The documents described in Rule 4. l 4(A) and a Financial Information Statement in any case in 

which property division, attorney's fees, child support or spousal support is at issue; 

2. The most recent account statements pertaining to any retirement, IRA or 40lk account and any 

account with any financial institution including, but not limited to, banks, credit unions, brokerage 

firms and savings & loans in any case in which property division is at issue: 

3. The most recent statements for any credit cards, loans or debts in any case in which property 

division is at issue; and 

4. A child support calculation in any case in which child support is at issue. 

C. Failure to provide the above financial information may result in sanctions and/or exclusion of documents and 

information that should have been provided. 

Rule 4.15 Inventory and Appraisement: 

A. Each party shall file a sworn inventory and appraisement by the later deadline set out in the docket control 

order or other order of the court, with a copy being filed with the clerk and furnished to all opposing counsel 

and pro se parties. The sworn inventory and appraisement of all property shall contain statements regarding 

both separate and community property of the parties, including any property belonging to children of the 

parties. 

B. The failure to timely file such inventories and appraisements, may in addition to sanctions provided by law, 

result in the continuance of temporary alimony and/or support or the discontinuation of same, or dismissal of 

the case for want of prosecution, or the values and statements of the party filing same be taken as true with no 

evidence in opposition thereto being admitted. 

C. In the event the parties file a written agreement completely settling the property division of the parties to such 

action and all custody and support matters, it shall not be necessary to file such inventories and appraisements. 

Rule 4.16 Request for Relief and Proposed Property Division 

A. The parties shall provide to the opposing counsel or pro se party at least seven days before the start of final trial 

a detailed request for relief which sets forth in brief, summary form the affirmative relief each party is 

requesting. 

7 
B. In any case in which property division is at issue, the parties shall provide to the opposing counsel or pro se 

party at least seven days before the start of final trial a proposed property division. 

Rule 4.2 Ex Parte Restraining Orders and Protective Orders: 

Rule 4.21 Ex Parte Restraining Orders 

A. In any application for a temporary restraining order, any portion of the requested restraining order that deviates 

from the verbatim language of a standard temporary restraining order shall be printed in bold typeface of at 

least 12 point size and shall be brought to the court's attention. 

B. Except upon good cause shown, all standard temporary restraining orders shall be mutual and restrain all 

parties to a suit. 

C. In all cases where there is counsel of record, or if petitioner's counsel is aware of any attorney representing the 

opposing party, the party filing for an ex parte restraining order or protective order or an extension of an ex 

parte order is required to notify opposing counsel prior to the filing thereof so opposing counsel may present 

any objections to the Court. 

D. Except in emergency situations wherein immediate orders are necessary, all ex parte restraining orders may be 

filed with the clerk who shall transport the files for signature each day at 10:00 a.m. and 2:00 p.m. If at all 

possible, the court coordinator shall accommodate the settings requested by attorneys or pro se party, by 

attachment thereto. 

Rule 4.22 Protective Orders 

Except as otherwise provided by law, ex parte protective orders shall be granted only when presented by attorney 

accompanied by client. 

Rule 4.23 Ex Parte Orders Regarding Children 

No ex parte order shall restrain a parent from having access to that person's child(ren) except upon affirmation 

showing that the interest of the children require such restraint. 

Rule 4.24 Temporary orders: 

A. Hearings on Temporary Orders and other matters assigned by the referring court shall be heard by an 

Associate Judge. 

B. Settings on Temporary Orders shall be made thsough the court coordinator of the referring court. The 

amount of time allotted for each such hearing shall be at the discretion of the Associate Judge. 

C. No record of such hearing shall be made unless a court reporter is provided by a party to the suit. 

D. All temporary orders shall be filed with the Clerk of the Court within twenty one (21) days of the hearing 

or the case shall be subject to dismissal. The entry date and time shall be set by the Associate Judge and 

shall ordinarily be fourteen ( 14) days from the date of the hearing. The party directed to draft the order 

based on the Associate Judge's ruling shall provide a draft of the order to all opposing counsel and prose 

parties at least five (5) working days before the entry date. The parties shall, before the entry date, either 

submit through the clerk an order approved by all counsel or record or pro se parties or notify the court 

coordinator of the referring court that an entry hearing will be required on the date and time already set for 

the entry. 

E. If a timely request for de novo hearing of the Associate Judge's ruling is filed, there shall be no entry date 

and no order shall be submitted to the court until after the request for de novo hearing is disposed of. 

Rule 4.4 Status Conferences 

Status Conferences in family law cases shall be conducted per Local Rule 3.21 above. 

Rule 4.5 Final Hearings: 

Rule 4.51 Docket Control Orders 

A docket control order shall be issued in family law cases per Local Rule 3.21 above. 

8 
Rule 4.52 Pre-Trial Conferences 

A pretrial conference, if it is set, shall be set in the Docket Control Order or at a later date by the Court. 

Rule 4.53 Parenting Seminar 

In all cases in which the conservatorship, rights and duties or possession of a child is at issue, the parties shall attend 

the parenting seminar "For Kid's Sake" or the equivalent thereof at their own expense and file proof thereof with the 

court and send a copy to the opposing party prior to the first mediation session. The seminar is not required in a 

termination case or a suit for adoption. A party who has recently attended the parenting seminar may move the court 

for a waiver of the requirement to attend the seminar as long as proof of the prior attendance is filed with the court in 

the pending action. Failure to attend the seminar may result in a find and may cause delay in the trial of the case or 

limitation of visitation privileges as well as an increased child support obligation to the party failing to comply. 

Information on registration for such programs is available at the Galveston County Law Library. A Court may, upon 

proper motion accompanied by a Financial Information Statement, waive or reduce the fee for the parenting seminar 

sponsored by the Mediation Board of Galveston County. 

Rule 4.54 Alternative Dispute Resolution: 

A. In all cases, prior to trial or by the date set forth in the Docket Control Order the parties shall engage in 

mediation at their own expense, of if they are unable to afford mediation, they may make application for 

subsidized mediation through the Galveston County Law Library as approved by the Galveston County 

Mediation Board prior to attending the mediation. 

B. Mediation is required prior to trial in all cases unless a party objects by filing a motion and, at the request of a 

party, a hearing is held and the Court orders that mediation is not required. If, after a hearing in accordance 

with Sections 6.602(d) and 153.007l(f) of the Texas Family Code, the Court refers a case to mediation, the 

Court shall order appropriate measures to ensure the physical and emotional safety of the party who filed the 

objection. 

C. All mediators shall have completed basic 40 hour mediation training and advanced family 24 hour mediation 

training. All mediators of Galveston County cases are subject to performing three (3) pro bono and/or 

subsidized mediations per year for Galveston County lawsuits. 

Rule 4.6 Other Matters 

Rule 4.61 Uncontested Matters: 

The County Courts hold an uncontested docket each morning Monday through Friday unless posted otherwise on the 

court's web page. Attorneys or prose parties should contact the District Clerk the day before appearing on an 

uncontested matter and request that the clerk bring the court's file to the courtroom. 

Rule 4.62 Default Judgments: 

No default judgments in cases involving children or substantial real or personal property shall be granted without 

proof of attempted notice of final hearing to the opposing party. 

Rule 4.63 Exhibits: 

All exhibits shall be pre-marked prior to beginning of a hearing or trial, including hearings on temporary orders. 

Rule 4.64 Continuances: 

No continuances shall be granted, in any case, except upon good cause shown, in writing, signed by the attorneys and 

the clients and approved by the Court. 

Rule 4.65 Dead Week: 

The week of the Advanced Family Law Course (usually in August) shall be a dead week for family law. 

9 
Rule 4.66 Entry Date: 

Entry date for all final orders and decrees is no later than 30 days after the hearing or trial at a specific time set by 

the Court unless granted an extension or assigned another Entry Date by the Court. Failure to appear may subject a 

case to be dismissed for want of prosecution. Generally, relief will not be granted until the entry of the final order. 

The party/counsel drafting the orders shall have the proposed orders to the opposing party/counsel at least five (5) 

business days prior to the entry hearing. 

Rules 

Collection Cases 

The Galveston County Commissioners Court has established a Collections Department to aid in the collection of 

restitution, fmes, fees and costs due on criminal judgments ordered in the courts of Galveston County. All 

defendants with judgments in non-probation cases and who are not ordered to jail to serve time, are required to 

report in person to the Collections Department to make payment. All defendants owing restitution, fines, fees and/or 

costs in non-probation cases and who are not ordered to jail to serve time, and who are unable to pay the judgment in 

full on the date of judgment, are required to report to the Collections Department on the date of judgment and make 

application for an extension of time to pay the balance. If approved, the Extension of Time Pay Agreement shall 

provide for payment of the balance in equal monthly installment payments providing the final payment is not to 

exceed 90 days from the date of judgment; or as determined by the Collection's Supervisor. 

The Collections Department is considered an extension of the court and the defendant is not released on the date of 

judgment until such time as the Extension of Time to Pay Agreement is completed. Defendants who fail to report to 

the Collections Department on the date of judgment to pay in full or establish a written payment agreement are 

subject to arrest for collection of the judgment due in full. 

Rule6 

Misdemeanor Criminal Cases 

Rule 6.1 Assignment of Misdemeanor Cases 

A. Except as otherwise provided in this Article, misdemeanor criminal cases filed by information are randomly 

assigned to each of the County Courts. 

B. Any new information against a defendant will be transferred to the Court in which a prior information was 

assigned. 

C. Any re-filed or amended information will be filed in the same Court in which the prior information was 

assigned. 

D. Any motion to revoke probation will be filed in the Court having granted probation. 

Rule 6.2 Attorneys 

A. Appointments Attorneys wishing to receive appointments for criminal cases in the County Courts shall 

file any necessary documents as set forth in the Galveston County Indigent Defense Plan. 

B. Appointed counsel must immediately report any change in the status of their license to practice law in the 

State of Texas to the Office of Justice Administration and to the Court in which they are representing any 

client by virtue of a court appointment. 

C. The phrase "the Court" or "trial court" as set forth in Tx. Code Crim. Pro. Art. 1.051 shall refer to the 

elected judge of that Court, any visiting judge to the Court, or any magistrate designated by the Court for 

the purpose of performing the court's duties as set forth in that article. 

Rule 6.3 Dockets 

A. Misdemeanor bond docket call is every morning at scheduled times. 

B. Attorneys and their clients must be present. 

C. Misdemeanor jail docket is held each day at a time and place set by the Court. The Court may, at the 

Judges' discretion, make use of audio/video technology for the purpose of accepting misdemeanor pleas or 

uncontested matters. In such cases, it is required that the audio/video feed send two-way signals in order to 

provide that the defendant and the Judge are both visually and verbally able to communicate with each 

other. In addition, the audio/video signal received by the Court must be in a room open to the public, 

except in those specific cases where the Judge has ruled to close the proceedings. 

10 
Rule 6.4 Motions/ Pre-Trial Hearings 

A Each Court shall determine its own settings for pre-trial and trial. 

B. The defendant shall appear at each scheduled pre-trial hearing. 

C. All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an 

extension of time is granted by the Court for good cause shown. 

D. Each pre-trial motion that is set for hearing must succinctly state the relief sought, the facts pertinent to the 

motion, and supporting argument with authorities; must be signed by counsel and, where required, by the 

defendant; must be sworn to when required; must contain a certificate of service and consultation with 

opposing counsel and a statement that the matter raised in the motion was not resolved, or if no consultation 

was accomplished, an explanation thereof; must contain a notice the motion will be presented to the Court 

at the pre-trial hearing with or without evidence; and must contain a proposed order granting or denying the 

motion in full or in part. 

E. The Court may refuse to consider any pre-trial motion that fails to comply with these rules. 

F. Motions for continuance, whether by the State or the Defendant, must comply with the applicable law 

contained in the Code of Criminal Procedure and must be presented to and considered by the Court on or 

before the Friday before the scheduled trial date, unless agreed to by the parties and approved by the Court. 

G. Except for good cause shown and upon compliance with these rules, the Court shall not consider any 

motion for continuance on the scheduled trial date. 

Rule 7 

Jury Management 

Rule 7.10 Jury Plan: 

The Galveston County Jury Plan III and Addendum, approved by the Commissioners Court and entered in the 

Minutes on February 25, 198 l and July 7, 1982, respectively, and the Galveston County Jury Plan V, approved by 

Conunissioners Court and entered in the Minutes on February 20, 2007, is on file in the District Clerk's office. 

Rule 7.11 Impaneling Juries: 

The Local Administrative District Judge, or a Judge designated by him, shall preside over the qualification ofpetit 

jurors and the assignment of jury panels to the various courts. 

Rule8 

Judges vacations, absences and disqualification 

Rule 8.10 Vacations: 

The Judge of each Court shall receive thirty days vacation time each year. Notice of vacation periods shall be 

provided the Local Administrative County Court at Law Judge and the County Clerk in advance. Judicial 

conferences and educational events are otlicial duties and not to be considered as vacation; but notice shall be 

provided as above. 

Rule 8.2 Voluntary Recusal 

After voluntary recusal by a presiding judge, the Local Administrative County Court at Law Judge shall reassign the 

case to another local judge, whenever possible. If the Local Administrative County Court at Law Judge, for good 

cause, is unable to reassign the case to another local judge, the Local Administrative County Court at Law Judge 

shall refer the case to the Presiding Judge of the Administrative Region. 

Rule 8.2.1 Assignment of Case 

After assignment of a judge, the case may be transferred in accordance with local rules, unless the Court in which the 

case is pending has continuing exclusive jurisdiction. In the event the Court has continuing exclusive jurisdiction, 

the case must remain in the referring Court with the assigned judge sitting for the referring Court. 

Rule 8.2.2 Decline to Recuse 

If the Presiding Judge declines to recuse, the Presiding Judge shall be subject to Texas Rules of Civil Procedures l 8a 

and the Rules of the Second Administrative Judicial Region of Texas and must sign an order referring the case to the 

Presiding Judge of the Local Region. The Presiding Judge shall forward the order, along with the motion and all 

opposing and concurring statements to the Presiding Judge of the Local Region .. 

II 
Rule9 

Media Rules of the County Courts - Civil Trial Division 

Pursuant to Rule 18c(a) of the Texas Rules of Civil Procedure, the following Rules govern the recording and 

broadcasting of court proceedings before the County Courts of Galveston County, and their Masters (Associate 

Judges) and Referees. 

Rule 9.1 Policy: 

The policy of these rules is to guarantee a just, fair, equitable and impartial adjudication of the rights of the litigants 

and allow an opportunity for electronic coverage of public civil court proceedings to facilitate the free flow of 

information to the public concerning the judicial system and to foster better public understanding about the 

administration of justice. These rules are to be construed to maintain the dignity, decorum, and impartiality of the 

court proceeding, while at the same time providing the greatest access possible. 

Rule 9.2 Definitions: 

Certain terms are defined for purposes of these rules as follows: 

9.2.1 "Court" means the particular judge or master who is presiding over the proceeding. 

9.2.2 "Electronic media coverage" means any recording or broadcasting of court proceedings by the 

media using television, radio, photographic or recording equipment. 

9.2.3 "Media" or "media agency" means any person or organization engaging in news gathering or 

reporting and includes any newspaper, radio or television station or network, news service, 

magazine, trade paper, in-house publication, professional journal, or other news reporting or news 

gathering agency. 

Rule 9.3 Electronic Media Coverage Permitted: 

In each case, whether to allow electronic media coverage is at the discretion of the trial judge and the trial judge shall 

determine the appropriate scope of electronic media coverage permitted, if any. 

9 .3 .1 Objections by any party to such scope of electronic media coverage shall be presented to the trial court for 

ruling. 

Rule 9.4 Electronic Media Coverage Prohibited: 

9.4.1 Electronic media coverage of proceedings held in chambers, proceedings closed to the public, jury 

selection, and jury deliberation is prohibited. 

9.4.2 Conferences between an attorney and client, witness or aide, between attorneys, or between 

counsel and the court at the bench shall not be recorded or received by sound equipment. 

9.4.3 The restrictions and prohibitions in these rules may be waived by the express consent of the parties 

and all affected persons, with the approval of the court. 

Rule 9.5 Equipment and Personnel: 

9.5.1 One television camera, one audio recording machine, and one still photographer are permitted. In 

appropriate circumstances, the court in its discretion may allow an unmanned second camera in the 

courtroom. 

9.5.2 Equipment shall not produce distracting sound or light. Signal lights or devices which show when 

equipment is operating shall not be visible. Moving lights, flash attachments, or sudden lighting 

changes shall not be used. 

9.5.3 Existing courtroom sound and lighting systems shall be used without modification unless the court 

specifically approves modification. 

12 
9.5.4 Operators shall not move equipment while the court is in session, or otherwise cause a distraction. 

All equipment shall be in place in advance of the commencement of the proceeding or session that 

is the subject of the coverage. 

9.5.5 Media personnel operating outside the courtroom shall not create a distraction and shall withdraw 

whenever necessary to avoid restricting movement of persons passing through the courtroom door. 

9.5.6 Media logos or proprietary trademarks shall not be displayed on camera, microphones, other 

equipment used in court, or clothing or name tags on personnel. 

Rule 9.6 Delay of Proceedings: 

No proceeding or session will be delayed or continued for the sole purpose of allowing media coverage. Upon 

request, the court will inform media agencies of settings and will attempt to make the courtroom available in advance 

for the purpose of installing equipment. 

Rule 9.7 Pooling: 

If more than one media agency of one type wish to cover a proceeding or session, they shall make pool 

arrangements. If they are unable to agree, the court may deny all electronic media coverage by that type of media 

agency, or may designate one agency or one representative as pool coordinator, specifying such other conditions of 

pool coverage as may be necessary. 

Rule 9.8 Official Record: 

Films, videotapes, photographs or audio reproductions made in court proceedings shall not be considered part of the 

official court record. 

Rule 9.9 Enforcement: 

A violation of these rules by electronic media may be sanctioned by appropriate measures, including, without 

limitation, barring the particular person or agency from access to future electronic media coverage of proceedings in 

that courtroom for a defined period of time. 

Rule 10 

CONFLICTING ENGAGEMENTS OF ATTORNEYS 

Rule 10.1 Attorney Already in Trial in Another Court 

10.1. l Attorney already in trial in another Court. It is the duty of the attorney to notify the Court through 

its coordinator when the potential for this situation arises or when an attorney set for trial starts 

trial in another court. When an attorney set for trial starts in another Court, the attorney shall 

notify the Court when and where assigned. Where and when assigned will be verified upon request 

of the opposing Party. The attorney shall have a continuing duty to keep the Court informed when 

release is anticipated and when it occurs. The case will be place on "hold" or reset, depending 

upon when the attorney will be released. 

IO. l .2 If the attorney is not actually in trial as represented by the attorney or agent, the case will be tried 

without further notice. 

Rule 10.2 Attorney Assigned in Two Courts for the Same Date: 

10 .2.1 It is the duty of the attorney to call the affected Judge· s attention to all dual settings as soon as they 

are known. 

I0.2.2 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: 

10.2.2.1 Criminal Cases 

10 .2.2 .2 Cases given preference of Statute 

I 0.2.2.3 Preferentially set cases 

10.2.2.4 Case set at earliest date 

I 0.2.2.5 Case with earliest filing date 

13 
I 0.2.2.6 Courts in metropolitan County areas should yield to Courts in rural County areas in all 

other instances of conflicting settings 

10.2.2.7 In the event of unresolved conflict between two judges, the issue will be decided by the 

Local Administrative Judge(s) if in Galveston County, or the Regional Presiding Judge. 

Rule 11 Attorney Vacations: 

Rule 11 

ATTORNEYS 

Each Attorney who desires to assure himself a vacation for a period not to exceed four weeks may do so 

automatically by designating the four weeks, in writing, addressed and mailed or delivered to the District Clerk, the 

County Clerk, and each court in which counsel practices thirty days in advance, except that in the event an attorney 

already has a setting at the time the vacation notice is filed, there is no automatic assurance, and a motion for 

continuance needs to be filed and a ruling obtained. If the attorney who files a vacation letter has previously agreed 

to a jury trial setting that is during the time period covered by the vacation notice, the Court is not required to grant a 

continuance. 

Rule 12 

ELECTRONIC FILING OF COURT DOCUMENTS 

PART 1. GENERAL PROVISIONS 

12.1.1 Purpose 

These rules govern the electronic filing and service of court documents, by any method 

other than fax filing, in Galveston County. These rules are adopted pursuant to Rule 3a 

of the Texas Rules of Civil Procedure and may be known as the "Galveston County 

Local Rules of the County Courts Concerning the Electronic Filing of Court 

Documents." 

12.1.2 Effect on Existing Local Rules 

These rules are adopted in addition to any other local rules of the county courts in 

Galveston County. These rules do not supersede or replace any previously adopted local 

rules. These rules are in addition to current local rules regarding electronic court 

documents (fax filing). 

12.1.3 Electronic Filing Optional Unless Ordered by Court 

(a) Except as provided by subsection (b) below, the electronic filing and serving of court 

documents is wholly optional. 

(b) Upon the motion of a party and for good cause shown, a county court may order the 

parties in a particular case to electronically file and serve court documents that are 

permitted to be electronically filed under Rule 12.3.3. 

PART 2. DEFINITIONS 

12.2.1 Specific Terms 

The following definitions apply to these rules: 

14 
(a) "Convenience fee" is a fee charged in connection with electronic filing that is in 

addition to regular filing fees. A Convenience Fee charged by the Clerk will be 

considered as a court cost. 

(b) "Clerk" means the County Clerk of Galveston County. 

( c) "Digitized signature" means a graphic image of a handwritten signature. 

( d) "Document" means a pleading, plea, motion, application, request, exhibit, brief, 

memorandum oflaw, paper, or other instrument in paper form or electronic form. The 

term does not include court orders. 

(e) "Electronic filing" is a process by which a filer files a court document with the Clerk's office 

by means of an online computer transmission of the document in electronic 

form. For purposes of these rules, the process does not include the filing of faxed 

documents which is described as the "electronic filing of documents" in Section 51.801, 

Government Code. 

(f) "Electronic filing service provider (EFSP)" is a business entity that provides electronic 

filing services and support to its customers (filers). An attorney or law firm may act as an 

EFSP. 

(g) "Electronic order" means a computerized, non-paper court order that a judge signs by 

applying his or her digitized signature to the order. A digitized signature is a graphic 

image of the judge's handwritten signature. 

(h) "Electronic service" is a method of serving a document upon a party in a case by 

electronically transmitting the document to that party's e-mail address. 

(i) "Electronically file" means to file a document by means of electronic filing. 

(j) "Electronically serve" means to serve a document by means of electronic service. 

(k) "Filer" means a person who files a document, including an attorney. 

(1) "Party" means a person appearing in any case or proceeding, whether represented or 

appearing pro se, or an attorney of record for a party in any case or proceeding. 

(m) "Regular filing fees" are those filing fees charged in connection with traditional 

filing. 

(n) "Rules" are the Galveston County Local Rules of the County Courts concerning the 

Electronic Filing of Documents. 

( o) "Traditional court order" means a court order that is on paper. 

(p) "Traditional filing" is a process by which a filer files a paper document with a clerk or 

a judge. 

15 
12.2.2 Application to Pro Se Litigants 

The term "counsel" shall apply to an individual litigant in the event a party appears pro 

se. 

PART 3. APPLICABILITY 

12.3.1 Scope 

(a) These rules apply to the filing of documents in all non-juvenile civil cases, including 

cases that are appeals from lower courts, before the various county courts with 

jurisdiction in Galveston County. 

(b) These rules apply to the filing of documents in cases before the various county courts 

referred to in paragraph (a) above that are subsequently assigned to associate judges or 

any other similar judicial authorities. 

12.3.2 Clerks 

These rules apply only to the filing of documents with the county clerk. These rules do 

not apply to the filing of documents directly with a judge as contemplated by TEX. R. 

CIV. P. 74. 

12.3.3 Documents That May Be Electronically Filed 

(a) A document that can be filed in a traditional manner with the county clerk may be 

electronically filed with the exception of the following documents: 

i) citations or writs bearing the seal of the court; 

ii) returns of citation; 

iii) bonds; 

iv) subpoenas; 

v) proof of service of subpoenas; 

vi) documents to be presented to a court in camera, solely for the purpose of 

obtaining a ruling on the discoverability of such documents; 

vii) documents sealed pursuant to TEX. R. CIV. P. 76a, and; 

viii) documents to which access is otherwise restricted by law or court order, 

including a document filed in a proceeding under Chapter 33, Family Code. 

(b) A motion to have a document sealed, as well as any response to such a motion, may 

be electronically filed. 

12.3.4. Documents Containing Signatures 

(a) A document that is required to be verified, notarized, acknowledged, sworn to, or 

made under oath may be electronically filed only as a scanned image. 

(b) A document that requires the signatures of opposing parties (such as a Rule 11 

16 
agreement) may be electronically filed only as a scanned image. 

(c) Any affidavit or other paper described in Rule 12.3.4(a) or (b) that is to be attached to an 

electronically-filed document may be scanned and electronically filed along with the 

underlying document. 

( d) Where a filer has electronically filed a scanned image under this rule, a court may 

require the filer to properly file the document in a traditional manner with the Clerk. A third party 

may request the court in which the matter is pending to allow 

inspection of a document maintained by the filer. 

PART 4. FILING MECHANICS 

12.4.1 Texas.gov 

(a) Texas.gov is a project of the Department oflnformation Resources Board, a state 

entity charged with establishing a common electronic infrastructure through which state 

agencies and local governments may electronically send and receive documents and 

required payments. 

(b) To become registered to electronically file documents, filers must follow registration 

procedures outlined by Texas.gov. The procedure can be accessed from Texas.gov's 

website at www.Texas.gov 

( c) Filers do not electronically file documents directly with the county clerk. Rather, 

filers indirectly file a document with the county clerk by electronically transmitting the 

document to an electronic filing service provider (EFSP) which then electronically 

transmits the document to Texas.gov which then electronically transmits the document to 

the county clerk. A filer filing or serving a document must have a valid account with an 

EFSP and with Texas.gov 

(d) Consistent with standards promulgated by the Judicial Committee on Information 

Technology (JCIT), Texas.gov will specify the permissible formats for documents that 

will be electronically filed and electronically served. 

( e) Filers who electronically file documents will pay regular filing fees to the Clerk indirectly 

through Texas.gov by a method set forth by Texas.gov. 

(f) An EFSP may charge filers a convenience fee to electronically file documents. This 

fee will be in addition to regular filing fees. 

(g) Texas.gov will charge filers a convenience fee to electronically file documents. This 

fee will be in addition to regular filing fees and will be in an amount not to exceed the 

amount approved by the Department of Information Resources Board. 

(h) The Clerk may charge filers a convenience fee to electronically file documents. 

This fee will be in addition to regular filing fees, credit card fees, or other fees. 

17 
12.4.2 Signatures 

(a) Upon completion of the initial registration procedures, each filer will be issued a 

confidential and unique electronic identifier. Each filer must use his or her identifier in 

order to electronically file documents. Use of the identifier to electronically file 

documents constitutes a "digital signature" on the particular document. 

(b) The attachment of a digital signature on an electronically-filed document is deemed to 

constitute a signature on the document for purposes of signature requirements imposed by 

the Texas Rules of Civil Procedure or any other law. The person whose name appears 

first in the signature block of an initial pleading is deemed to be the attorney in charge for 

the purposes of Texas Rules of Civil Procedure 8, unless otherwise designated. The 

digital signature on any document filed is deemed to be the signature of the attorney 

whose name appears first in the signature block of the document for the purpose of Texas 

Rules of Civil Procedure 13 and 57. 

(c) A digital signature on an electronically-filed document is deemed to constitute a 

signature by the filer for the purpose of authorizing the payment of document filing fees. 

12.4.3 Time Document is Filed 

(a) A filer may electronically transmit a document through an EFSP to Texas.gov 24 

hours per day each and every day of the year, except during brief periods of state-approved 

scheduled maintenance which will usually occur in the early hours of Sunday 

morning. 

(b) Upon sending an electronically-transmitted document to a filer's EFSP, the filer is 

deemed to have delivered the document to the clerk and, subject to Rule 4.3(h), the 

document is deemed to be filed. If a document is electronically transmitted to the filer's 

EFSP and is electronically transmitted on or before the last day for filing the same, the 

document, if received by the clerk not more than ten days tardily, shall be filed by the 

clerk and deemed filed in time. A transmission report by the filer to the filer's EFSP shall 

be prima facie evidence of date and time of transmission. 

(c) On receipt of a filer's document, the filer's EFSP must send the document to 

Texas.gov in the required electronic file format along with an indication of the time the 

filer sent the document to the EFSP and the filer's payment information. Texas.gov will 

electronically transmit to the filer an "acknowledgment" that the document has been 

received by Texas.gov. The acknowledgment will note the date and time that the electronicallytransmitted document was received by Texas.gov. 

(d) Upon receiving a document from a filer's EFSP, Texas.gov shall electronically 

transmit the document to the Clerk. If the document was not properly formatted, 

Texas.gov will transmit a warning to the filer's EFSP. 

(e) Not later than the first business day after receiving a document from Texas.gov, the 

Clerk shall decide whether the document will be accepted for filing. The Clerk shall accept the 

document for filing provided that the document is not misdirected 

18 
and complies with all filing requirements. The Clerk shall handle electronically-transmitted 

documents that are filed in connection with an affidavit of inability to afford 

court costs in the manner required by TEX. R. CIV. P. 145. If the clerk fails to accept or 

reject a document within the time period, the document is deemed to have been accepted 

and filed. 

(t) If the document is accepted for filing, the Clerk shall note the date and time of 

filing which, with the exception of subsection (h) below, shall be the date and time that 

the filer transmitted the document to the filer's EFSP. The Clerk shall inform 

Texas.gov of its action the same day action is taken. Texas.gov shall, on that same day, 

electronically transmit to the filer's EFSP a "confirmation" that the document has been 

accepted for filing by the district clerk. The EFSP will electronically transmit the 

confirmation to the filer. This confirmation will include an electronically "file-marked" 

copy of the front page of the document showing the date and time the Clerk 

considers the document to have been filed. 

(g) If the document is not accepted for filing, the Clerk shall inform Texas.gov of 

its action, and the reason for such action, the same day action is taken. Texas.gov shall, 

on that same day, electronically transmit to the filer's EFSP an "alert" that the document 

was not accepted along with the reason the document was not accepted. The EFSP will 

electronically transmit the alert to the filer. 

(h) Except in cases of injunction, attachment, garnishment, sequestration, or distress 

proceedings, documents that serve to commence a civil suit will not be deemed to have 

been filed on Sunday when the document is electronically transmitted to the filer's EFSP, 

Texas.gov, or the Clerk on Sunday. Such documents will be deemed to have been filed on 

the succeeding Monday. 

12.4.4 Filing Deadlines Not Altered 

The electronic filing of a document does not alter any filing deadlines. 

12.4.5 Multiple Documents 

(a) Except as provided by subsection (b) below, a filer may include only one document in 

an electronic transmission to Texas.gov. 

(b) A filer may electronically transmit a document to Texas.gov that includes another 

document as an attachment (e.g., a motion to which is attached a brief in support of the 

motion). 

12.4.6 Official Document 

(a) The Clerk's file for a particular case may contain a combination of 

electronically-filed documents and traditionally-filed documents. 

(b) The Clerk may maintain and make available electronically-filed documents in 

any manner allowed by law. 

19 
12.4.7 E-mail Address Required 

In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must 

include an e-mail address on any electronically-filed document. 

12.4.8 Document Format 

(a) Electronically-filed documents must be computer-formatted as specified by 

Texas.gov. Electronically-filed documents must also be formatted for printing on 8 Yiinch by 11-inch paper. 

(b) An electronically-filed pleading is deemed to comply with TEX. R. CIV. P. 45. 

PART 5. SERVICE OF DOCUMENTS OTHER THAN CITATION 

12.5.l Electronic Service of Documents Permissible 

(a) In addition to the methods of serving documents (other than the citation to be served 

upon the filing of a cause of action) set forth in TEX. R. CIV. P. 21 a, a filer may serve 

documents upon another party in the case by electronically transmitting the document to 

that party at the party's email address. Service in such a manner is known as "electronic 

service," and is permissible in the circumstances set out in paragraph (b) below. 

(b) Documents may be electronically served upon a party only where that party has 

agreed to receive electronic service or where the court has ordered the parties to 

electronically serve documents. 

( c) By virtue of electronically filing a document or serving a document or by agreeing to 

accept service, a filer additionally agrees to provide information regarding any change in 

his or her e-mail address to Texas.gov, the district clerk, and all parties in the case. 

(d) A party who electronically files a document is not required to electronically serve 

documents upon other parties unless the court has ordered the parties to electronically 

serve documents. 

(e) A filer may electronically serve a document in instances where the document is 

traditionally filed as well as in instances where the document is electronically filed. 

12.5.2 Completion of Service and Date of Service 

(a) Electronic service shall be complete upon transmission of the document by the filer to 

the party at the party's e-mail address. 

(b) Except as provided by subsection (c) below, the date of service shall be the date the 

electronic service is complete. 

(c) When electronic service is complete after 5:00 p.m. (recipient's time), then the date of 

20 
service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday. 

12.5.3 Time for Action After Service 

Whenever a party has the right or is required to do some act within a prescribed period of 

time after service of a document upon the party and that document is electronically 

served, then three days shall be added to the prescribed period of time. 

12.5.4 Certification of Service 

(a) Documents to be electronically served upon another party shall be served before the 

time or at the same time that the document is filed. 

(b) A filer who electronically serves a document upon another party shall make a written 

certification of such service that shall accompany the document when that document is 

filed. The written certification shall include, in addition to any other requirements 

imposed by the Texas Rules of Civil Procedure, the following: 

(i) the filer's e-mail address or telecopier (facsimile machine) number; 

(ii) the recipient's e-mail address; 

(iii) the date and time of electronic service; and 

(iv) a statement that the document was electronically served and that the 

electronic transmission was reported as complete. 

PART 6. ELECTRONIC ORDERS AND VIEWING OF ELECTRO NI CALLYFILED DOCUMENTS 

12.6.1 Courts Authorized to Make Electronic Orders 

(a) A judge may electronically sign an order by applying his or her digitized signature to 

the order. Judges are not required to electronically sign orders. 

(b) Upon electronically signing an order, the judge shall electronically forward the order 

to the Clerk who may treat the electronic order as the official copy of the order. 

Alternatively, the Clerk may print the electronic order and treat the printed order 

as the official copy of the order. 

(c) The Clerk may electronically scan a traditional court order. The scanned court 

order may then serve as the official copy of the court order. The Clerk is not 

required to electronically scan traditional court orders in order to create official electronic 

court orders. Electronic scanning of traditional court orders is at the option of the district 

clerk. 

12.6.2 Viewing of Electronicallv-filed Documents 

(a) The Clerk shall ensure that all the records of the court, except those made 

21 
confidential or privileged by law or statute, may be viewed in some format by all persons 

for free. 

(b) Independent of the Texas.gov system and the requirement of viewing access 

described in subsection (a), the Clerk may choose to provide for both filers and the 

general public to electronically view documents or court orders that have been 

electronically filed or scanned. Where such provision has been made, persons may 

electronically view documents or court orders that have been electronically filed or 

scanned. 

( c) Nothing in this rule allows for the viewing of documents or court orders, in any form, 

that are legally confidential (e.g., papers in mental health proceedings) or otherwise 

restricted by judicial rule or order. 

PART 7. MISCELLANEOUS PROVISIONS 

12.7.1 Assigned Court to Resolve Disputes 

In the event a dispute should arise involving the application of these rules or various 

electronic filing issues, a county court assigned in accordance with local assignment 

procedures shall decide any dispute. 

12.7.2. Rule Guiding Interpretation. 

These rules shall be liberally construed so as to avoid undue prejudice to any person on 

account of using the electronic filing system or sending or receiving electronic service in 

good faith. 

Rule 13 

Adoption, Amendment, Notice 

Rule 13.1 

These rules may be amended by majority vote of the County Court at Law Judges, provided: 

A. that any proposed rule or amendment shall not be inconsistent with rules adopted by the Supreme Court of 

Texas or with any rule of the Administrative Judicial District in which the Court is located; and, 

B. any proposed rule or amendment shall not become effective until it is submitted and approved by the 

Supreme Court of Texas; and, 

C. any proposed rule or amendment shall not become effective until at least thirty days after its publication in a 

manner reasonably calculated to bring it to the attention of attorneys practicing before the court or courts 

for which it is made, and 

D. all rules adopted and approved in accordance herewith are made available upon request to members of the 

Bar and the public. 

Rule 14 

Electronically Transmitted Court Documents 

(FACSIMILE) 

Rule 14.10 Receiving and Filing 

The following rules govern the procedure for the County Clerk of Galveston County and District Clerk of Galveston 

County ("the clerk") to receive and file electronically transmitted court documents. 

22 
A. The clerk is authorized to accept for filing via electronic transmission any document which might be filed in 

a court action except: (a) returns of service on issuances; (b) bonds; ( c) signed orders or judgments. As of 

July 19, 1990, by order of the Supreme Court of Texas, facsimile transmission of judicial assignments may 

be accepted with original copies being retained by the Office of the Chief Justice or Administrative Judicial 

Region. 

B. Documents electronically transmitted for filing will be received by the clerk on a plain paper facsimile and 

printed by a laser printer, thereby rendering the copy of archival quality. No document printed on thermal 

paper shall be filed. 

C. No document electronically transmitted shall be accepted by the clerk for filing until court costs and fees 

have been paid. Court costs and fees may be paid through an escrow account established with the clerk. 

Documents tendered to the clerk electronically without payment of court costs and fees, or with incomplete 

information on the charge authorization or request, or which do not conform to applicable rules, will not be 

filed. 

D. A fee schedule for electronic filing shall be adopted annually by the clerk and approved by the local courts. 

E. An electronically transmitted document accepted for filing will be recognized as the original record for file 

or for evidentiary purposes when it bears the clerk's official date and time file stamp. 

F. Every document electronically transmitted for filing shall conform to the requirements for filing established 

by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8-1/2 x 11 inches, 

shall be signed individually by the party or the party's attorney of record, and shall contain that individual's 

State Bar of Texas identification number, if any, address, telephone number and telecopier number. The 

quality of the original hard copy shall be clear and dark enough to transmit legibly. 

G. The sender shall maintain the original of the document with original signature affixed as required by section 

51.806, Texas Government Code. 

H. A cover sheet must accompany every transmission which shall: (a) clearly identify the sender, the 

documents being transmitted, and the number of pages; (b) have clear and concise instructions concerning 

the issuance or other request; and (c) have complete information on the charge authorization or escrow 

account debit for court costs and fees. 

I. The clerk, upon receipt of an electronically transmitted document, shall verify the completeness of the 

transmission. 

J. The clerk, when satisfied that the transmission is complete, shall confirm the charge authorization or escrow 

account debit and note the authorization code on the cost receipt. Thereafter, the documents tendered 

electronically shall be deemed accepted for filing and the clerk shall affix the clerk's official date and time 

file stamp to the document. 

K. If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will 

notify the sender as soon as practicable that the transmission has not been filed and the reason. 

L. After filing an electronically transmitted document the clerk will electronically transmit to the sender an 

acknowledgment of the filing, together with cost receipt, if any. 

M. No citation or writ bearing the official seal of the court may be transmitted electronically. 

N. Electronic transmission of a document does not constitute filing. Filing is complete when the clerk's 

official date and time stamp is affixed to the document. 

O. Each page of any document received by the clerk will be automatically imprinted with the date and time of 

receipt. The date and time imprinted on the last page of a document will determine the time of receipt but 

not time of filing. Transmissions completed during a normal business day before 5:00 p.m. and accepted 

for filing will be filed the day of receipt. Transmissions completed after 5:00 p.m., on weekends or holidays 

will be verified and filed before 10:00 a.m. on the first business day following receipt of transmission. The 

sender is responsible for determining if there are any charges in normal business hours. 

Rule 15 

Ad Litem Appointments 

Rule 15.1 

Pursuant to Section 74.092 of the Government Code, the Local Administrative Judges shall establish and maintain a 

list of all attorneys qualified to serve as an attorney ad I item. The list of attorneys ad !item maintained under 

Subsection (a)(l l) must contain the names of all attorneys who: (I) meet any statutory or other requirements to serve 

as an attorney ad !item; and (2) have registered to serve as attorney ad litem with a court for which the judge 

maintaining the list serves as local administrative judge. Application for inclusion to the Galveston County Ad 

23 
Litem list shouJd be made on the fonn approved by the Local Administrative Judges and available through the Office 

of Justice Administration of Galveston County. 

Adoption 

Upon approval by a majority vote of the County Court at Law Judges of Galveston County, and subject to the 

approval by the Supreme Court of Texas, these rules shall become effective May 0 l, 2011 and so long thereafter 

until amended, repealed or modified by order of the County Courts at Law. All existing Local Rules previously 

governing the management of the Court dockets shall be repealed on the effective date of these rules. Each 

numbered or lettered paragraph of these rules shall be considered to be separate and distinct from all other portions 

hereof, and if any portion should be declared by a higher Court to be improper, such declaration will not affect any 

other portion not so declared to be improper. 

The District Clerk is directed to furnish a copy of these rules to the Supreme Court of Texas, pursuant to Rule 3a 

of the Texas Rules of Civil Procedure, and to record these rules in the Civil Minutes of the l011a, 561•, 122..i, 

2121", 306111 and4051h District Courts, County Court At Law #1, County Court At Law #2, County Court at Law 

#3 and the Probate Court 

The County Clerk is directed to furnish a copy of these rules to the Supreme Court of Texas, pursuant to Rule 3a 

of the Texas Rules of Civ · Procedure, and to record these rules in the Civil Minutes of the County Court At 

Law# I, Co urt Law #2, County Court at Law #3 and the Probate Court. 

...g:-..,iir-.Y of April, 20 I l, to become effective on May 0 I, 20 l l or upon approval by the 

, whichever is later. 

Hon. Barbara E. Roberts 

County Court at Law #2 

Th)1 ~ocp;9_ent filed w1 JASON M Y, District Clerk of Galveston County, Texas on the ,/JLrJ.ay of 

~2011. 

1).;i~ ~~r,ent filed with DWIGHT SULLIVAN, County Clerk ofGalveston County, Texas on thedtJ... day of 

~2011. 

~t .... CLl:ftK 

JASON 

DISTRICT 

E. MURRAY 

COURT l'T\ • -~ 

-0 <.l)M FILED -tO i..~• ::0 oc: N zz }. 

APR 2 0 2011 n-f ,-,. Q 

o-< . c:o N 

... 

xr r"'I \. ~, ., . ~ 

GALVUToH COUHTv. TI!:JCU ft • 1'11 

~~r .• -.. >< .r:- ~. > ' CJ\ 

·"'* 

24 

,.., 

m 

() 

m 

-

< 

m 

0 
AMENDED LOCAL RULES OF THE DISTRICT COURTS FOR 

GALVESTON COUNTY, TEXAS 

Purpose 

The Local Rules of Galveston County have as their primary purpose the management of the court dockets sensibly, 

efficiently and most important fairly. Their object is to be an understandable aid to the just disposition of cases 

without unnecessary delay or expense. 

Rule 1 

General 

Rule 1.10 Time Standards for Case Disposition: 

Pursuant to Article 5, Section 31 of the Texas Constitution, Sections 22.004, 72.002 (2) and 74.024 of the Texas 

Government Code, Title 3 of the Texas Family Code, Rule 6 of the Rules of Judicial Administration, and Rules [I, 

3, 4 and 5) of the Regional Rules of Judicial Administration, time standards have been established to which 

reference is made for all purposes, as they now exist, or as they may be hereafter amended. 

Rule 1.11 Court Sessions; Annual Calendars; Jury Weeks; Non Jury Weeks; Criminal; 

Civil; Weeks not in Session; Holidays: 

The Courts shall publish a calendar for each year setting out the civil and criminal jury weeks and the non-jury weeks 

within which they will be making their settings. The calendar will be published by September I of the preceding 

year and will be followed except when the court in its discretion deems it inappropriate. 

Rule 2 

Local Administrative Judge 

Rule 2.lO Powers and Duties of Local Administrative District Judge: 

A. Election of the Local Administrative Judge. 

1. Pursuant to Section 74.091 of the Texas Government Code and Rule of Judicial Administration 9, a 

majority of the District Judges will elect a Local Administrative District Judge for a two-year term at 

the January meeting in 1993 and at the January meeting of each second year thereafter. 

2. The Local Administrative District Judge will have all duties and the responsibility for attending to 

emergency and special matters of the District Courts pursuant to Rules 9 and 10 (d) of the Rules of 

Judicial Administration. 

B Meetings of the Judges of the County. 

1. The local Administrative District Judges or a majority of the Judges shall call meetings of the Judges at 

least once each month and as needed. 

2. The Local Administrative District Judge shall preside over such meetings and in his absence a 

temporary Chairman may be elected by a majority of the quorum to preside over such meetings. 

Rulc3 

Civil Cases 

Rule 3.10 Filing and Assignment of Cases: 

Civil suits, except for Family Law Cases, are docketed in the 101\ 561h, 122"d, 21th and 4051h District Courts. 

Workers compensation cases and Waiver of Parental Notificati.on before Abortion cases, however, are also docketed 

in County Court Number One, County Court Number Two, County Court Number Three and the Probate Court in 

rotation with the District Courts (including the 306d' District Court). With the exception of civil bond forfeiture 

cases, all civil cases filed in the 10th, 561

h, 122"d, 2Jl1h and 4051

h District Courts shall be assigned randomly to the 

dockets of those Courts. Once assigned to a Court, a case will remain on the docket of that Court for all purposes 

unless transferred as hereinafter provided. Civil bond forfeiture cases shall be filed in the court where the underlying 
criminal case is filed. In the event that a new General Jurisdiction District Court is created by law, then that court 

shall have civil cases randomly filed in the manner prescribed above. 

Rule 3.11 Transfer of Cases; Docket Exchange; Bench Exchange: 

A. After assignment to a particular Court a case may be transferred to another Court by order of the Judge of 

the Court in which the case is pending with the consent of the Judge of the Court to which it is transferred; 

or by order of the Local Administrative District Judge. 

B. The Courts may at any time exchange cases and Benches to accommodate their dockets or to specialize the 

Court's trials. 

c. Prior Judgment. Any claim for relief based upon judgment shall be assigned to the Court of original 

judgment. 

D. Non Suit. !fa case is filed in which there is a substantial identity of parties and causes of action as in a 

non-suited case, the later case shall be assigned to th_e Court where the prior case was pending. 

E. Consolidation. A motion to consolidate cases shall be heard in the Court where the lowest numbered case 

is pending. lfthe motion is granted, the consolidated case will be given the number of the lowest number 

case and assigned to that Court. 

F. Severance. 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 letter designation; 

provided, however, when a severed case has previously been consolidated from another Court, the case 

shall upon severance be assigned to the Comi from which it was consolidated. 

G. Presiding for another. In all cases where a judge presides for another Court, the case shall remain pending 

in the original Court. In any hearing on a motion for contempt, however, the Judge who issued the order 

which is claimed to have been disobeyed must preside over the motion for contempt hearing, except as 

otherwise provided in Section. 21.002, Texas Government Code. 

H. Fair Distribution. The Local Administrative District Judge may transfer cases between District Courts in 

the manner provided above or may transfer or assign cases from one Court to another Court for hearing if 

the Local Administrative District Judge finds that a Court has an inequitable burden due to illness, trial 

schedule, unequal caseload, to equalize caseloads in the event a new District Court is created by law, or for 

other sufficient reasons. 

L Improper Court. lf a case is on the docket of a Court by any manner other than as prescribed by these 

rules, the Local Administrative District Judge shall transfer the case to the proper Court. 

J. Rules related to the transfer and assignment of any civil case is exercised freely between all courts having 

concurrent jurisdiction in civil matters. 

Rule 3.12 Request for Non-Jury Setting: 

A Al I requests for the scheduling of appearances for the Court for any purpose will be made by contacting 

the Court Coordinator who will arrange an appropriate time to appear before the Court. 

B. Requests for hearing shall be made to the Court in which the matter is pending, in accordance with these 

rules, and the parties making such request shall serve all other parties with notice of the date and hour set 

for hearing and of the particular matter which will be considered at such time. 

Rule 3.13 Request for Jury Setting: 

A Demand for a trial by Jury shall not be occasion for advancement or substantial delay of the trial or of any 

other proceeding in the case, nor for transfer of the case to another Court. 

B. If the case is already set for non-jury trial when such demand is made, the Court may try the case with a 

jury on the same setting, add the case to the list of jury cases for the following week, or set it at some other 

convenient time. 

c All requests for the scheduling of appearances for the Court for any purpose will be made by contacting the 

Court Coordinator who will arrange an appropriate time to appear before the Court, and the parties making 

such request shall serve notice to all parties for the date and hour set for hearing and of the particular 

matter which will be considered at such time. 

2 
Rule 3.14 Setting and Assignment of Cases for Trial: 

Cases shall be set for trial by order of the Court, upon request of a party, on the Court's own motion or by 

docket control order. Cases shall be set for trial for a date certain. If a case is not assigned to trial, whether 

because of a continuance or because it is not reached by the second Friday after the date it is set, the Court 

shall reset the case to a date certain. Unless all parties agree otherwise, all settings must comply with all 

requisites ofT.R.C.P. 245. 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. 

Rule 3.15 Conflicting Settings and Assignments of Counsel: 

A. The Rules of Judicial Administration of the Administrative Region apply and control. 

B. Attorney already in trial in another Court. It is the duty of the attorney to notify the Court through its 

coordinator when the potential for this situation arises or when an attorney set for trial starts trial in 

another court. When an attorney set for trial starts in another Court, the attorney shall notify the Court 

when and where assigned. Where and when assigned will be verified upon request of the opposing Party. 

The attorney shall have a continuing duty to keep the Court informed when release is anticipated and when 

it occurs. 

C. Attorney assigned to two courts for the same date. (I) lt is the duty of an attorney to call the affected 

Judges' attention to all dual settings as soon as they are known. (2) 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. Cases given preference by statute. 

b. Criminal actions against defendants detained in jail 

c. Criminal and Juvenile cases. 

d. Preferentially set cases. 

e. Case with earliest filing date (oldest case). 

f. Court in multi-judge counties should yield to courts in rural counties in all other instances of 

conflicting settings. 

D. lf any lawyer's caseload becomes a disruption to the orderly flow of a Jury Docket, the Court may limit the 

number of set cases in which the lawyer can be the attorney in charge and require designation of another 

attorney in charge for other set cases. 

Ruic 3.16 Dismissal Docket; Involuntary Dismissals: 

A. All cases not set for trial or other hearings which have been on file for more than 24 months from the 

appearance date shall be placed on the Drop Docket by the District Clerk under the direction of the Court. 

B. All cases on file more than 12 months in which no answer has been filed shall be placed on the Drop 

Docket by the District Clerk under the direction of the Court. 

c. When a case has been placed on the Drop Docket as above provided, the District Clerk shall promptly 

send a notice of the Court's intention to dismiss for want of prosecution. Notice of the Court's intention to 

dismiss shall be sent by the Clerk to each attorney of record, and to each party not represented by an 

attorney and whose address is shown on the docket or in the papers on file, by posting same in the United 

States Postal Service. A copy of such notice shall be filed with the papers of the cause with notation 

thereon made by the District Clerk showing the name and address of all counsel of parties to whom notice 

was mailed and the date of mailing. 

o. Unless a written motion to retain has been filed prior to the expiration of thirty days after the mailing by 

the District Clerk of the notice of intention to dismiss such case shall be dismissed for want of prosecution. 

Notice of the signing of the Order of Dismissal shall be given as required by Rule l65a T.R.C.P .. Failure 

to mail notices as set out above shall not effect any of the periods mentioned in Rule 306a except as 

provided in that rule. 

E. A motion for reinstatement after dismissal shall follow the procedure and be governed by the provisions of 

Rule I 65a Texas Rules of Civil Procedures relating to reinstatement. 

F. All other provisions for Dismissal of cases under Rule l 65a of Texas Rules of Civil Procedure shall apply. 

3 
Rule 3.17 Hearings on Pre-Trial, Motions, Exceptions and Pleas: 

A. Form. Motions should be filed with the District Clerk's office, not the Court. 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. 

B. Submission. Acceptance of motions by submission is at the discretion of each district court. Motions 

shall be accompanied by a blank notice of submission. The Court will complete the notice and fax it back 

to the requesting party stating a date of submission not sooner than I 0 days rrom the setting date, except 

on leave of the Court. The party filing the motion is responsible for notifying all parties of the submission 

date. Motions will not be considered without proof of notice of the submission date. The motion will be 

submitted to the Court for ruling on that date or later. 

c. Response. Responses shall be in writing, and shall be filed at least two working days before the date of 

submission except on leave of the Court. Failure to file a response may be considered a representation of 

no opposition. 

D. Oral argument. The motion or response shall include a request for oral argument if a party views it as 

necessary. The Court may grant that request or it may order oral argument on its own motion. A request 

for an oral argument is not a response under Rulc3 .17 ( c ). Except where required by statute, the Court 

may in its discretion, disregard a request for oral hearing and rule upon the motion set by submission. 

E. Certificate of conference. Opposed motions and responses shall: 

l Be in writing. 

2. Be accompanied by a separate form order granting or denying the relief; and 

3. Contain a certificate that Movant and Respondent have conferred with each other and in good 

faith attempted to resolve the matter. 

F If no oral hearing has been requested or the Court finds no necessity for an oral hearing, the Court, in the 

absence of counsel, shall examine the pleadings, identify the basis of the disagreement between counsel; 

authorities cited, and other papers and make such rulings, as the Judge deems proper. Copies of all orders 

signed shall be forwarded to all counsel at the time they are entered by the clerk. 

G. A specific date or period of time may be assigned as a final date for the filing of motions, exceptions, and 

dilatory pleas and obtaining a hearing or submission date thereon in those cases deemed appropriate by the 

Judge. 

Rule 3.18 Continuances: 

A. Trial settings, whether or not made at a Docket CQQtrol conference, will take into consideration the 

schedule of all attorneys/parties in charge. 

B. An attorney, who fails to notify the Court of a known conflict in scheduling at the time the case is set, 

shall be precluded from seeking a continuance at a later time on the grounds of such conflict, including 

vacation conflicts. 

C. Any known ground for continuance of the trial setting shall be presented to the Court at least 14 days prior 

to the trial setting or at the pre-trial conference, if any, whichever shall occur first, or shall be waived. 

D. Upon granting a motion for continuance, the order granting such motion for continuance shall contain an 

order resetting the case for trial. 

Rule 3.19 Complex Case Designation: 

The Court may at any time, in the interest of Justice, determine that the case is complex or recognize the 

circumstance which, upon its declaration or order, will classify the case as complex and thereafter the Court 

will invoke such standards as it believes are necessary to safeguard the rights of litigants to the just 

processing of the cases, pursuant to Rule 7 a.16 of the Rules of Judicial Administration of the Supreme 

Court of Texas and Section 72.002 and 74.024 c (I) of Gov. Code. 

Rule 3.20 Alternate Dispute Resolution: 

ln order to encourage the early settlement of disputes and to carry out the responsibilities of the Courts set 

out in Chapter 154 of the Civil Practice and Remedies Code, appropriate alternative dispute resolution 

procedures will be encouraged and utilized. 

4 
Rule 3.21 Pre-Trial and Scheduling Conferences: 

A. Pre Trial Procedures 

Rule 1 O(A) of the Rules of Judicial Administration and Rule 166 of the Texas Rules of Civil Procedure 

dealing with pre-trial procedures are incorporated herein by reference for all purposes and the 

following civil pre-trial rules and procedures apply to all civil cases. 

B. Pre-Trial Conference 

I. A pre-trial conference may be held at the request of the Court or of any parties in charge. 

2. If the pre-trial conference is set at the request of a party, it shall be held no later than ten days prior to 

the date set for trial, unless the Court, on timely request of one or more parties in charge, orders 

otherwise, or the Court on its own motions sets the Pre-Trial Conference within I 0 days of the trial 

date. 

c. Docket control orders and conferences 

1. Docket control orders may be entered by the Court that are submitted by agreement, made on the 

Court's own motion or as a result of a Docket control conference. Such order when entered shall 

control the subsequent course of action, unless later modified by the Court. 

2. Docket Control orders shall be required by the Court. The parties will be expected to submit an Agreed 

Docket Control order, the terms of which are established in consultation with the Court Coordinator 

concerning dates. 

3. A request for a Docket control conference must contain a certificate that a good faith effort was made 

to reach agreement so that an Agreed Docket Control order could be submitted. 

D. Telephone Docket Control conference 

1. The Docket control conference may be held by telephone with approval of the Court. 

2. A party requesting that the Docket control conference be held by telephone shall be responsible for 

arranging the conference call on the date and time scheduled by the Court Coordinator. 

E. Purpose of Docket Control Conference 

1. The Docket control conference shall be conducted informally, and shall be for the purpose of the 

following: becoming acquainted with the nature of the case and the issues presented; determining the 

probable length of time required for trial; filing of a discovery control plan; fixing deadlines for 

joinder of additional parties and amendment of pleadings; to consider such other matters and make 

docket control orders as are necessary and proper under the circumstances in regard to handling of the 

case; and to arrive at a firm trial date or firm pre-trial conference date. 

Rule 3.22 Settlements: 

A All parties are urged to make a bona fide effort to settle cases at the earliest possible date before trial. 

B. The Court will expect counsel to confer with his client and with opposing counsel concerning settlement 

and to recommend an offer which is in his professional opinion reasonable, unless in his professional 

opinion the case is not such as to justify any offer whatsoever. 

C. When a party settles or dismisses a case, which is set for trial, he shall give notice to the Court Coordinator 

as soon as possible. 

Rule 3.23 Jury Charge Questions and Instructions: 

Each party shall prepare in proper written form and present to the Court prior to or at the time of the jury selection, 

all jury charge questions and instructions which are raised by the pleadings and upon which the party has an 

affirmative burden. 

Rule 3.24 Certain Discovery Not Filed with the Court: 

Discovery Not Filed: The listed discovery shall not be filed with the District Clerk except on special order of the 

Judge of the Court, unless filed with the original petition. 

A. Discovery materials not to be filed. The following discovery materials must not be filed with the 

District Clerk except on special order of the court, unless filed with the original petition: 

I. discovery requests, deposition notices, and subpoenas required to be served only on parties; 

2. responses and objections to discovery requests and deposition notices, regardless on whom the 

requests or notices were served; 

3. documents and tangible things produced in discovery; 

5 
4. statements prepared in compliance with Texas Rule of Civil Procedure 193.3 (b) or (d); and 

5. certificates of written discovery. 

B. Discovery materials to be filed. The following discovery materials must be filed: 

1. discovery requests, depositions notices. and subpoenas required to be served on nonparties; 

motions and responses to motions pertaining to discovery matters; and 

2. agreements concerning discovery matters, to the extent necessary to comply with Texas Rule of 

Civil Procedure 11. 

C. Exceptions. Notwithstanding paragraph (A)-

1. the court may order discovery materials to be filed; 

2. a person may file discovery materials in support of or in opposition to a motion or for other use in 

a court proceeding; and 

3. a person may file discovery materials necessary for a proceeding in an appellate court. 

Rule4 

Disposition of Family Law and Juvenile Cases 

(All rules for civil cases shall apply to family law cases unless specifically superseded by Local Rule 4.) 

Rule 4.1 General 

All suits authorized under the Family code shall be docketed in County Court at Law No. 1, County Court at Law 

No. 2, County Court at Law No. 3 and the 3061

h District Court, filed by order of the 306th Family District Court. 

These rules shall be applicable to all family law cases filed in Galveston County. 

Rule 4.11 Time Standards for Family Law Case Disposition (per Rules of Judicial 

Administration): 

A. Family Law Cases. 

I. Case Information Statement. Each litigant shall complete a Case Information Statement from the 

District Clerk's Office which shall set the nature of the case, length of preparation time required, and 

other relevant data as found necessary by the court. 

2. Contested Family Law Cases. Within 6 m.onths from the appearance date or within 6 months from the 

expiration of the waiting period provided by the Family code where such is required, whichever is ~~ . 

3. Uncontested Family Law Cases. Within 3 months from the 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. 

B. Juvenile Cases. 

In addition to the requirements of Title 3, Texas Juvenile Justice Code: 

!. All juvenile cases shall be tried before the Juvenile Referee pursuant to Section 54.10 TJJC except the 

following: 

a. Adjudicatory or Transfer (Waiver) Hearings pursuant to Section 54.02 TJJC (and the following time 

standards shall apply) 

I. concerning a juvenile in detention facility: Not later than 10 days following admission to such 

a facility, except for good cause shown of record, and; 

2. concerning a juvenile not in a detention facility: Not later than 30 days following the filing of 

the petition, except for good cause shown of record. 

b. Jury trials, which shall be tried at the county seat; 

c. Hearings provided by Sections 54.03, 54.04, and 54.05 TJJC shall be conducted by the judge if the 

grand jury approved a petition under Section 53.045 TJJC, and; 

d. Cases where the child and his/her attorney refuse to waive the hearing by a juvenile judge pursuant 

to 54.10 (a)(2). 

2. The following time standards shall be met in all cases whether tried by a judge or referee: 

6 
a. All initial detention hearings shall be heard on the next business day following the admission to the 

detention facility, 

b. All adjudication and modification hearings shall be held: 

I. not later than ten (10) working days after the initial detention hearing ifthe child is detained 

pending trial except for good cause shown of record. 

2. not later than thirty (30) days after the initial detention hearing ifthe child is released from 

detention pending trial. 

c. Disposition Hearing. Not later than 15 days following the Adjudicatory hearing. The Court may 

grant additional time in exceptional cases that require more complex evaluation. 

3. Nothing herein shall prevent a judge from recessing a juvenile hearing at any stage of the proceedings 

where the parties are agreeable or when in the opinion of the judge presiding in the case the best 

interests of the child and of society shall be served. 

C. Complex Cases. 

It is recognized that in especially complex cases or special circumstances it may not be possible to adhere to 

these standards. 

Rule 4.12 Juvenile Disposition Provisions: 

No provision is made in these rules for the disposition of juvenile cases other than as set out above, since juvenile 

cases arc heard by the 3061

h Family District Court, and the County Courts. Rules for the disposition of juvenile cases 

will be adopted by the aforementioned courts. 

Rule 4.13 Financial Information Statements: 

A. All parties to any Divorce, Suit Affecting Parent Child Relationship, Modification or other case involving 

conservatorship, periods of possession or child support or spousal support shall file with the Clerk and all 

counsel and prose parties prior to any trial or hearing in which support, finances, attorney's fees or the 

payment of any sort of expense is at issue, a Financial Information Statement and the two most recent pay 

stubs from all current employers. Compliance with this rule may be by the completion ofa Financial 

Information Statement in the form attached as Exhibit A to these Rules. Counsel are responsible for 

accuracy and timeliness. 

B. In all family law cases involving divorce, Suit Affecting Parent Child Relationship, modification or other 

case involving conservatorship, periods of possession or child support or spousal support, the following 

shall be included in all orders granted ex parte setting a hearing on temporary orders involving any support 

or setting a hearing on support modification: 

All parties to this action shall file with the Clerk and deliver a copy to all counsel or prose parties a 

Financial Information Statement (FIS), and two most recent pay stubs from all current employers. 

C. The Clerk shall attach a copy of the Financial Information Statement form attached as Exhibit A to these 

Rules to each Notice of Temporary Hearing or Citation on Modification which is served on a party and 

shall furnish a copy of same to each counsel or pro se party not served with the Order. 

D. Each Financial Information Statement shall be signed by the party. Counsel and parties are encouraged to 

prepare the Financial Information Statement in such manner that it can be presented as evidence in lieu of 

direct testimony. Counsel and parties are encouraged to offer the same as evidence in such proceedings. 

E. All parties are required to file a Financial Information Statement as set out in these rules. Failure of either 

party to file a Financial Information Statement may result in the court adopting as stipulated the information 

filed by the complying party. The non-complying party may be prohibited from contesting the accuracy of 

the information presented by the complying party. If both parties fail to comply with these rules, the court 

may strike the case from the docket or continue the case. 

7 
Rule 4.14 Mandatory Disclosure of Financial Information: 

A. Temporary Orders. In any hearing for temporary orders in which child support or spousal support is an 

issue, the parties shall, without waiting for a discovery request, provide to the opposing counsel or pro se 

party prior to the start of the hearing, Financial Information Statements, two most recent pay stubs from all 

current employers, copies of income tax returns for extensions for the past two years (including all 

schedules, forms W-2 and l 099 filed with the returns) and copies of W-2 and I 099 for the prior year if a tax 

return has not yet been filed. A party who is self employed shall also provide the balance sheet and income 

statement for his or her business for the prior year and most recent month or period for which such reports 

have been prepared. 

B. Final Hearings. The parties shall, without waiting for a discovery request, provide to the opposing counsel 

or pro se party at least seven days before the start of final trial the following documents: 

l. The documents described in Rule 4. l4(A) and a Financial Information Statement in any case in 

which property division, attorney's fees, child support or spousal support is at issue; 

2. The most recent account statements pertaining to any retirement, IRA or 40 I k account and any 

account with any financial institution including, but not limited to, banks, credit unions, brokerage 

firms and savings & loans in any case in which property division is at issue; 

3. The most recent statements for any credit cards, loans or debts in any case in which property 

division is at issue; and 

4. A child support calculation in any case in which child support is at issue. 

C. Failure to provide the above financial information may result in sanctions and/or exclusion of documents 

and information that should have been provided. 

Rule 4.15 Inventory and Appraisement: 

A. Each party shall file a sworn inventory and appraisernent by the later dead I inc set out in the docket control 

order or other order of the court, with a copy being filed with the clerk and furnished to all opposing 

counsel and pro se parties. The sworn inventory and.appraisement of all property shall contain statements 

regarding both separate and community property ofthe parties, including any prope1iy belonging to 

children of the parties. 

B. The failure to timely file such inventories and appraisement, may, in addition to sanctions provided by law, 

result in the continuance of temporary alimony and/or support or the discontinuation of same, or dismissal 

of the case for want of prosecution, or the values and statements of the party filing same be taken as true 

with no evidence in opposition thereto being admitted. 

C. In the event the parties file a written agreement completely settling the property division of the parties to 

such action and all custody and support matters, it shall not be necessary to file such inventories and 

appraisements. 

Rule 4.16 Request for Relief and Proposed Property Division: 

A. The parties shall provide to the opposing counsel or prose party at least seven days before the start of final 

trial a detailed request for relief which sets forth ine brief, summary form the affirmative relief each party is 

requesting. 

B. In any case in which property division is at issue, the pa1ties shall provide to the opposing counsel or pro se 

party at least seven days before the start of final trial a proposed property division. 

Rule 4.2 Ex Partc Restraining Orders and PrQtective Orders: 

8 
Rule 4.21 Ex Parte Restraining Orders 

A. In any application for a temporary restraining order, any portion of the requested restraining order that 

deviates from the verbatim language of a standard temporary restraining order shall be printed in bold 

typeface of at least 12 point size and shall be brought to the court's attention. 

B. Except upon good cause shown, all standard temporary restraining orders shall be mutual and restrain all 

parties to a suit. 

C. In all cases where there is counsel of record, or if petitioner's counsel is aware of any attorney representing 

the opposing party, the party filing for an ex parte restraining order or protective order or an extension of an 

ex parte order is required to notify opposing counsel prior to the filing thereof so opposing counsel may 

present any objections to the Court. 

D. Except in emergency situations wherein immediate orders are necessary, all ex parte restraining orders may 

be filed with the clerk who shall transport the files for signature each day at I 0:00 a.m. and 2:00 p.m. 

Settings shall be faxed by the court coordinator to the parties the day the order is presented for signature. If 

at all possible, the court coordinator shall accommodate the settings requested by an attorney or pro sc 

party, by attachment thereto. 

Ruic 4.22 Protective Orders 

Except as otherwise provided by law, ex parte protective orders shall be granted only when presented by attorney 

accompanied by client. 

Rule 4.23 Ex Parte Orders Regarding Children 

No ex parte order shall restrain a parent from having access to that person's child (ren) except upon affirmation 

showing that the interest of the children require such restraint. 

Rule 4.24 Temporary orders: 

A. Hearings on Temporary Orders and other matters assigned by the referring court shall be heard by the 

Associate Judge. 

8. Settings on Temporary Orders shall be made through the court coordinator of the referring court. The 

amount of time allotted for each such hearing shall be at the discretion of the Associate Judge. 

C. No record of such hearing shall be made unless a court reporter is provided by a party to the suit. 

D. All temporary orders shall be filed with the Clerk of the Court within twenty one (21) days from the 

rendition unless otherwise directed by the Court or the case shall be subject to dismissal. The entry date 

and time shall be set by the Associate Judge. The party directed to draft the order based on the 

Associate Judge's ruling shall provide a draft of the order to all opposing counsel and prose parties at 

least five (5) days before the entry date. The parties shall, before the entry date, either submit through 

the clerk an order approved by all counsel ofrecord and pro se parties or notify the court coordinator of 

the referring court that an entry hearing will be required on the date and time already set for the entry. 

E. lf a timely request for de novo hearing of the associate judge's ruling is filed, there shat I be no entry date 

and no order shall be submitted to the court until after the request for de novo hearing is resolved. 

Rule 4.4 Status Conferences: 

Status Conferences shall be scheduled at 4:00 p.m. on the Thursday approximately one hundred twenty ( 120) days 

from the date of the filing ofa suit and shall be handled via facsimile (see attached form for report on the status of 

the case). 

Rule 4.5 Final Hearings: 

Rule 4.51 Docket Control Orders: 

A docket control order shall be issued by the Court upon request of one or more parties. Final hearing shall not be 

requested unless the other parties have been properly served and/or their appearance has been made. In any event, 

after the status conference date has passed, the Court may issue an appropriate docket control order. 

9 
Rule 4.52 Pre-Trial Conferences: 

Generally, pretrial conferences shall be held at 10:00 a.m. on the Friday preceding the trial setting. Counsel and pro 

se parties must appear unless they certify, in writing, that all pretrial requirements have been met. 

Rule 4.53 Parenting Seminar: 

In all cases in which the conservatorship, rights and dutjes or possession of a child is at issue, the parties shall attend 

the parenting seminar "For Kid's Sake" or the equivalent thereof at their own expense and file proof thereof with the 

court and send a copy to the opposing party prior to the first mediation session. The seminar is not required in a 

termination case or a suit for adoption. A party who has recently attended the parenting seminar may move the court 

for a waiver of the requirement to attend the seminar as long as proof of the prior attendance is filed with the court in 

the pending action. Failure to attend the seminar may result in a fine and may cause delay in the trial of the case or 

limitation of visitation privileges as well as an increased child support obligation to the party failing to comply. 

Information on registration for such programs is available at the Galveston County Law Library .. A Court may, 

upon proper motion accompanied by a Financial Information Statement, waive or reduce the fee for the parenting 

seminar sponsored by the Mediation Board of Galveston County. 

Rule 4.54 Alternative Dispute Resolution: 

A In all cases, prior to trial or by the date set forth in the Docket Control Order the parties shall engage in 

mediation at their own expense, or if they are unable to afford mediation, they may make application for 

subsidized mediation through the Galveston County Law Library as approved by the Galveston County 

Mediation Board prior to attending the mediation. 

B. Mediation is required prior to trial in all cases unless a party objects by filing a motion and, at the request 

ofa party, a hearing is held and the Court orders that mediation is not required. If, after a hearing in 

accordance with Sections 6.602( d) and 153 .007 l(f) of the Texas Family Code, the Court refers a case to 

mediation, the Court shall order appropriate measures to ensure the physical and emotional safety of the 

party who filed the objection. 

C. All mediators shall have completed basic 40 hour mediation training and advanced family 24 hour 

mediation training. All mediators of Galveston County cases are subject to performing three (3) pro bona 

and/or subsidized mediations per year for Galveston County lawsuits. 

Rule 4.6 Other Matters: 

Rule 4.61 Uncontested Matters: 

The 3061

h District Court holds an uncontested docket Monday through Friday at 8:30 a.m. unless posted otherwise on 

the web page. A party should contact the District Clerk the day before you want to appear and request that the Clerk 

bring the court's file to the courtroom. 

Rule 4.62 Default Judgments: 

No default judgments in cases involving children or substantial real or personal property shall be granted without 

proof of attempted notice of final hearing to the opposing party. 

Rule 4.63 Exhibits: 

All exhibits shall be premarked prior to beginning of hearing or trial, including hearings on temporary orders. 

Ruic 4.64 Continuances: 

No continuances shall be granted, in any case, except upon.good cause shown, in writing, signed by the attorneys and 

the clients and approved by the Court, and in accordance with T.R.C.P. Rule 251. 

Rule 4.65 Dead Week: 

JO 
The week of the Advanced Family Law Course (usually in August) shall be a dead week for family law. 

Rule 4.66 Entry Date: 

Entry date for all final orders and decrees is no later than 30 days post hearing at 8:30 a.m. unless granted an 

extension by the Court. Failure to appear may subject a case to be dismissed for want of prosecution. Generally, 

relief will not be granted until the entry of the final order. The party/counsel drafting the orders shall have the 

proposed orders to the opposing party/counsel at least five (5) business days prior to the entry hearing. 

Rule 5 

Collections 

The Galveston County Commissioners Court has established a Collections Department to aid in the collection of 

restitution, fines, fees and costs due on criminal judgments ordered in the courts of Galveston County. All 

defendants with judgments in non-probation cases and who are not ordered to jail to serve time, are required to 

report in person to the Collections Department to make payment. All defendants owing restitution, fines, fees and/or 

costs in non-probation cases and who are not ordered to jail to serve time, and who are unable to pay the judgment in 

full on the date of judgment, are required to report to the Collections Department on the date of judgment and make 

application for an extension of time to pay the balance. lfapproved, the Extension of Time Pay Agreement shall 

provide for payment of the balance in equal monthly installment payments providing the final payment is not to 

exceed 90 days from the date of judgment; or as determined by the Collection's Supervisor. 

The Collections Department is considered an extension of the court and the defendant is not released on the date of 

judgment until such time as the Extension of Time to Pay Agreement is completed. Defendants who fail to report to 

the Collections Department on the date of judgment to pay in full or establish a written payment agreement are 

subject to arrest for collection of the judgment due in full. 

Rule 6 

Criminal Cases 

Rule 6.10 Filings/Return of Indictments: 

Assignment of Cases After Indictments 

A. Except as otherwise provided in this Article, the Clerk shall randomly assign every criminal case filed by 

indictment pending on or filed after December 31, 1992 to the I ot", 561

h , 122"d, 21 zth and 4051h District 

Court. 

B. After random assignment, the Clerk shall assign an)'. new indictment against a defendant to the Court having 

a lower pending cause number on that same defendant. 

C. The Clerk shall assign any re-indictment of the same cause to the same Court in which the prior indictment 

was assigned. 

D. The Clerk, after random assignment of an indictment to a Court shall assign any co-defendant(s) 

subsequently indicted to the same Court in which the first co-defendant's indictment was assigned. 

E. The Criminal District Attorney shall note on a non-substantive part of the indictment the following 

information: 

l. whether there are other pending indicted causes on the defendant; whether the indictment is a reindictment, and; 

2. the names of any Co-defendants. 

F. When it is made known to the Clerk that a defendant intends to enter a plea of guilty to a felony in formation 

pursuant to a plea bargain agreement, the Clerk shall file the felony information in the Court assigned to 

conduct initial appearances provided that if a defendant waives his right to indictment and enters a plea of 

not guilty to a felony information, then the felony information shall be assigned according to subsections A, 

B, and D of Rule 6.11. 

J l 
G. The Clerk shall file any motion to revoke probation or any post-conviction application for writ of habeas 

corpus in the Court having granted probation or entered the Judgment in the case. A person accused of a 

felony in custody in the Galveston County Jail should be taken before the Local Administrative District 

Judge or a Judge designated by him for the accused's initial appearance on or before the third business day 

following his receipt at the jail. The purpose of the initial appearance shall be to present the accused before 

the District Court at the earliest practicable time for the possible disposition of his case before indictment 

(whether by plea of guilty, dismissal, or no charges filed), for his formal arraignment or magistration if 

required by law, for setting or reducing his bail, for appointment of counsel, and for such other preliminary 

matters as may aid the prompt disposition of the case. 

H. In the event that a new General Jurisdiction District Court is created by law, then that court shall have 

criminal cases randomly filed in that court in the same manner as prescribed by Subsection A. 

Rule 6.10.1 Attorneys 

A. Appointments - Attorneys wishing to receive appointments for criminal cases in the District Courts shall 

file any necessary documents as set forth in the Galveston County Indigent Defense Plan. 

B. Appointed counsel must immediately report any change in the status of their license to practice law in the 

State of Texas to the Office of Justice Administration and to the Court in which they are representing any 

client by virtue of a court appointment. 

C. The phrase "the Court" or "trial court" as set forth in Tx. Code Crim. Pro. Art. 1.051 shall refer to the 

elected judge of that Court, any visiting judge to the Court, or any magistrate designated by the Court for 

the purpose of performing the court's duties as set forth in that article. 

Rule 6.10.2 Docket 

A. Felony jail docket is held each day at a time and place set by the Court. The Court may, at the Judge's 

discretion, make use of the audio/video technology for the pu'rp'ose of accepting misdemeanor pleas or uncontested 

matters. In such cases, it is required that the audio/video feed send two-way signals in order to provide that the 

defendant and the Judge are both visually and verbally able to communicate with each other. In addition, the 

audio/video signal received by the Court must be in a room open to the public, except in those specific cases where 

the Judge has ruled to close the proceedings. 

Rule 6. 11 Motion - Pre - Trial Hearings/Pre - Trial Matters: 

A. Each Court shall determine its own settings for pre-trial and trial. 

B. All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an 

extension of time is granted by the Court for good cause shown. 

C. Each pre-trial motion that is set for hearing must succinctly state the relief sought, the facts pertinent to the 

motion, and supporting argument with authorities; must be signed by counsel and, where required, by the 

defendant; must be sworn to when require; must contain a certificate of service and consultation with 

opposing counsel and a statement that the matter raised in the motion was not resolved, or if no consultation 

was accomplished, an explanation thereof; must contain a notice the motion will be presented to the Court 

at the pretrial hearing with or without evidence; and must contain a proposed order granting or denying the 

motion in full or in part. 

D. The Court may refuse to consider any pretrial motion that fails to comply with these rules. 

E. Motions for continuance, whether by the State or Defendant, must comply with the applicable law contained 

in the Code of Criminal Procedure and must be presented to and considered by the Court on or before the 

Friday before the scheduled trial date, unless approved by the Court. 

F. Except for good cause shown, the Court shall not cqnsider any motion for continuance on the scheduled 

trial date. 

G. Criminal cases are to be filed, docketed, assigned, and processed pursuant to Rule 3 hereof when not in 

conflict with specialized setting rules. 

Rule 7 

Jury Management 

12 
Rule 7.10 Jury Plan: 

The Galveston County Jury Plan III and Addendum, approved by the Commissioners Court and entered in the 

Minutes on February 25, 1981 and July 7, 1982, respectively, and the Galveston County Jury Plan V, approved by 

Commissioners Court and entered in the Minutes on February 28, 2007, is on file in the District Clerk's office. 

Rule 7.11 Impaneling Juries: 

The Local Administrative District Judge, or a Judge designated by him, shall preside over the qualification of petit 

jurors and the assignment of jury panels to the various courts. 

Rule 8 

Judges vacations, absences and disqualification 

Ruic 8.10 Vacations: 

The Judge of each Court shall receive thirty days vacation tiine. each year. Notice of vacation periods shall be 

provided to the Local Administrative District Judge and the District Clerk in advance. Judicial conferences and 

educational events are official duties and not to be considered as vacation; but notice shall be provided as above. 

Ruic 8.2 Voluntary Recusal 

After voluntary recusal by a presiding judge, the Local Administrative Judge shall reassign the case to another local 

judge, whenever possible. If the Local Administrative District Judge, for good cause, is unable to reassign the case 

to another local judge, the Local Administrative District Judge shall refer the case to the Presiding Judge of the 

Administrative Region. 

Rule 8.2.1 Assignment of Case 

After assignment of a judge, the case may be transferred in accordance with local rules, unless the court in which the 

case is pending has continuing exclusive jurisdiction. In the event the court has continuing exclusive jurisdiction, the 

case must remain in the referring court with the assigned judge sitting for the referring court. 

Rule 8.2.2 Decline to Recuse 

If the Presiding Judge declines to recuse, the Presiding Judge shall be subject to Texas Rules of Civil Procedures I &a 

and the Rules of the Second Administrative Judicial Region of Texas and must sign an order referring the case to the 

Presiding Judge of the Local Region. The Presiding Judge shall forward the order, along with the motion and all 

opposing and concurring statements to the Presiding Judge of the Local Region .. 

Rule 9 

Media Rules of the District Courts 

Pursuant to Rule 18c(a) of the Texas Rules of Civil Procedure, the following Rules govern the recording and 

broadcasting of court proceedings before the District Courts of Galveston County, and their Masters (Associate 

Judges) and Referees. 

Rule 9.1 Policy: 

The policy of these rules is to guarantee a just, fair, equitable and impartial adjudication of the rights of the litigants 

and allow an opportunity for electronic coverage of public civil court proceedings to facilitate the free flow of 

information to the public concerning the judicial system and to foster better public understanding about the 

administration of justice. These rules are to be construed to maintain the dignity, decorum, and impartiality of tbe 

court proceeding, while at the same time providing the greatest access possible. 

Rule 9.2 Definitions: 

Certain terms are defined for purposes of these rules as follows: 

13 
9.2.1 "Court" means the particular judge or master who is presiding over the proceeding. 

9.2.2 "Electronic media coverage" means any recording or broadcasting of court proceedings by the 

media using television, radio, photographic or recording equipment. 

9.2.3 "Media" or "media agency" means any person or organization engaging in news gathering or 

reporting and includes any newspaper, radio or television station or network, news service, 

magazine, trade paper, in-house publication, professional journal, or other news reporting or news 

gathering agency. 

Rule 9.3 Electronic Media Coverage Permitted: 

In each case, whether to allow electronic media coverage is at the discretion of the trial judge and the trial judge shall 

determine the appropriate scope of electronic media coverage permitted, if any. 

9.3.l Objections by any party to such scope of electronic media coverage shall be presented to the trial court for 

ruling. 

Rule 9.4 Electronic Media Coverage Prohibited: 

9.4.1 Electronic media coverage of proceedings held in chambers, proceedings closed to the public, jury 

selection, and jury deliberation is prohibited. 

9.4.2 Conferences between an attorney and client, witness or aide, between attorneys, or between 

counsel and the comi at the bench shall not be recorded or received by sound equipment. 

9.4.3 The restrictions and prohibitions in these rules may be waived by the express consent of the parties 

and all affected persons, with the approval of the court. 

Rule 9.5 Equipment and Personnel: 

9.5.1 One television camera, one audio recording machine, and one still photographer are permitted. In 

appropriate circumstances, the court in it's discretion may allow an unmanned second camera in 

the courtroom. 

9.5.2 Equipment shall not produce distracting sound or light. Signal lights or devices which show when 

equipment is operating shall not be visible. Moving lights, flash attachments, or sudden lighting 

changes shall not be used. 

9.5.3 Existing courtroom sound and lighting systems shall be used without modification unless the court 

specifically approves modification. 

9.5.4 Operators shall not move equipment while the court is in session, or otherwise cause a distraction. 

All equipment shall be in place in advance of the commencement of the proceeding or session that 

is the subject of the coverage. 

9.5.5 Media personnel operating outside the courtroom shall not create a distraction and shall withdraw 

whenever necessary to avoid restricting movement of persons passing through the courtroom door. 

9.5.6 Media logos or proprietary trademarks shall not be displayed on camera, microphones, other 

equipment used in court, or clothing or name tags on personnel. 

Rule 9.6 Delay of Proceedings: 

14 
No proceeding or session will be delayed or continued for the sole purpose of allowing media coverage. Upon 

request, the court will infonn media agencies of settings and will attempt to make the courtroom available in advance 

for the purpose of installing equipment. 

Rule 9. 7 Pooling: 

If more than one media agency of one type wish to cover a proceeding or session, they shall make pool 

arrangements. If they are unable to agree, the court may deny all electronic media coverage by that type of media 

agency, or may designate one agency or one representative as pool coordinator, specifying such other conditions of 

pool coverage as may be necessary. 

Rule 9.8 Official Record: 

Films, videotapes, photographs or audio reproductions made in court proceedings shall not be considered part of the 

official court record. 

Rule 9.9 Enforcement: 

A violation of these rules by electronic media may be sanctioned by appropriate measures, including, without 

limitation, barring the particular person or agency from access to future electronic media coverage of proceedings in 

that courtroom for a defined period of time. 

Rule 10 

CONFLICTING ENGAGEMENTS OF ATTORNEYS 

Rule 10.1 Attorney Already in Trial in Another Court 

I 0.1. l Attorney already in trial in another Court. It is the duty of the attorney to notify the Court through 

its coordinator when the potential for this situation arises or when an attorney set for trial starts 

trial in another court. When an attorney set for trial starts in another Court, the attorney shall 

notify the Court when and where assigned. Where and when assigned will be verified upon request 

of the opposing Party. The attorney shall have a continuing duty to keep the Court informed when 

release is anticipated and when it occurs. The case will be place on "hold" or reset, depending 

upon when the attorney will be released. 

I 0.1.2 If the attorney is not actually in trial as represented by the attorney or agent, the case will be tried 

without further notice. 

Rule 10.2 Attorney Assigned in Two Courts for the Sarne Date: 

l 0.2. l It is the duty of the attorney to call the affected Judge's attention to all dual settings as soon as they 

are known. 

l 0.2.2 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: 

10.2.2.1 Criminal Cases 

l 0.2.2.2 Cases given preference of Statute 

10.2.2.3 Preferentially set cases 

I 0.2.2.4 Felony Criminal Cases 

10.2.2.5 Case set at earliest date 

I 0.2.2.6 Case with earliest filing date 

I 0.2.2. 7 Courts in metropolitan County areas should yield to Courts in rural County areas in all 

other instances of conflicting settings 

10.2.2. 7 In the event of unresolved conflict between two judges, the issue will be decided by the 

Local Administrative Judge(s) if in Galveston County, or the Regional Presiding Judge. 

15 
Rule 11 Attorney Vacations: 

Rule 11 

Attorneys 

Each Attorney who desires to assure himself a vacation for a period not to exceed four weeks may do so 

automatically by designating the four weeks, in writing, addressed and mailed or delivered to the District Clerk, the 

County Clerk, and each court in which counsel practices thirty days in advance, except that in the event an attorney 

already has a setting at the time the vacation notice is filed, there is no automatic assurance, and a motion for 

continuance needs to be filed and a ruling obtained. If the attorney who files a vacation letter has previously agreed 

to a jury trial setting that is during the time period covered by the vacation notice, the Court is not required to grant a 

continuance. 

Rule 12 

ELECTRONIC FILING OF COURT DOCUMENTS 

PART 1. GENERAL PROVISIONS 

12.1.1 Purpose 

These rules govern the electronic filing and service of court documents, by any method 

other than fax filing, in Galveston County. These rules are adopted pursuant to Rule 3a 

of the Texas Rules of Civil Procedure and may be known as the "Galveston County 

Local Rules of the District Courts Concerning the Electronic Filing of Court 

Documents." 

12.1.2 Effect on Existing Local Rules 

These rules are adopted in addition to any other local rules of the district courts in 

Galveston County. These rules do not supersede or replace any previously adopted local 

rules. These rules are in addition to current local rules regarding electronic court 

documents (fax filing). 

12.1.3 Electronic Filing Optional Unless Ordered by Court 

(a) Except as provided by subsection (b) below, the electronic filing and serving of court 

documents is wholly optional. 

(b) Upon the motion of a party and for good cause shown, a district court may order the 

parties in a particular case to electronically file and serve court documents that are 

permitted to be electronically filed under Rule 3.3. 

PART 2. DEFINITIONS 

12.2.1 Specific Terms 

The following definitions apply to these rules: 

(a) "Convenience fee" is a fee charged in connection with electronic filing that is in 

addition to regular filing fees. A Convenience Fee charged by the Clerk will be 

16 
considered as a court cost. 

(b) "Clerk" means the District Clerk of Galveston County. 

(c) "Digitized signature" means a graphic image of a handwritten signature. 

(d) "Document" means a pleading, plea, motion, application, request, exhibit, brief, 

memorandum of law, paper, or other instrument in paper form or electronic form. The 

term does not include court orders. 

(e) "Electronic filing" is a process by which a filef>files a court document with the Clerk's office 

by means of an online computer transmission of the document in electronic 

form. For purposes of these rules, the process does not include the filing of faxed 

documents which is described as the "electronic filing of documents" in Section 51.80 I, 

Government Code. 

(f) "Electronic filing service provider (EFSP)" is a business entity that provides electronic 

filing services and support to its customers (filers). An attorney or Jaw firm may act as an 

EFSP. 

(g) "Electronic order'' means a computerized, non-paper court order that a judge signs by 

applying his or her digitized signature to the order. A digitized signature is a graphic 

image of the judge's handwritten signature. 

(h) "Electronic service" is a method of serving a document upon a party in a case by 

electronically transmitting the document to that party's e-mail address. 

(i) "Electronically file" means to file a document by means of electronic filing. 

(j) "Electronically serve" means to serve a document by means of electronic service. 

(k) "Filer" means a person who files a document, including an attorney. 

(l) "Party" means a person appearing in any case or proceeding, whether represented or 

appearing pro se, or an attorney of record for a party in any case or proceeding. 

(m) "Regular filing fees" are those filing fees charged in connection with traditional 

filing. 

(n) "Rules" are the Galveston County Local Rules of the District Courts concerning the 

Electronic Filing of Documents. 

(o) 'Traditional court order" means a court order that is on paper. 

(p) "Traditional filing" is a process by which a filer files a paper document with a clerk or 

a judge. 

12.2.2 Application to Pro Se Litigants 
The term "counsel" shall apply to an individual litigant in the event a party appears pro 

se. 

PART 3. APPLICABILITY 

12.3.1 Scope 

(a) These rules apply to the filing of documents in all non-juvenile civil cases, including 

cases that are appeals from lower courts, before the various district courts with 

jurisdiction in Galveston County. 

(b) These rules apply to the filing of documents in cases before the various district courts 

referred to in paragraph (a) above that are subsequently assigned to associate judges or 

any other similar judicial authorities. 

12.3.2 Clerks 

These rules apply only to the filing of documents with the District Clerk. These rules do 

not apply to the filing of documents directly with a judge as contemplated by TEX. R. 

CIV. P. 74. 

12.3.3 Documents That May Be Electronically Filed 

(a) A document that can be filed in a traditional manner with the district clerk may be 

electronically filed with the exception of the following documents: 

i) citations or writs bearing the seal of the court; 

ii) returns of citation; 

iii) bonds; 

iv) subpoenas; 

v) proof of service of subpoenas; 

vi) documents to be presented to a court in camera, solely for the purpose of 

obtaining a ruling on the discoverability of such documents; 

vii) documents sealed pursuant to TEX. R. CIV. P. 76a, and; 

viii) documents to which access is otherwise restricted by law or court order, 

including a document filed in a proceeding under Chapter 33, Family Code. 

(b) A motion to have a document sealed, as well as any response to such a motion, may 

be electronically filed. 

12.3.4. Documents Containing Signatures 

(a) A document that is required to be verified, notarized, acknowledged, sworn to, or 

made under oath may be electronically filed only as a scanned image. 

(b) A document that requires the signatures of opposing parties (such as a Rule 11 

agreement) may be electronically filed only as a scanned image. 

18 
( c) Any affidavit or other paper described in Rule 12.3 .4(a) or (b) that is to be attached to an 

electronically-filed document may be scanned and electronically filed along with the 

underlying document. 

( d) Where a filer has electronically filed a scanned image under this rule, a court may 

require the filer to properly file the document in a traditional manner with the Clerk. A third party 

may request the court in which the matter is pending to allow inspection of a document 

maintained by the filer. 

PART 4. FILING MECHANICS 

12.4.1 Texas.gov 

(a) Texas.gov is a project of the Department oflnformation Resources Board, a state 

entity charged with establishing a common electronic infrastructure through which state 

agencies and local governments may electronically send and receive documents and 

required payments. 

(b) To become registered to electronically file documents, filers must follow registration 

procedures outlined by Texas.gov. The procedure can be accessed from Texas.gov's 

website at www.Texas.gov 

( c) Filers do not electronically file documents directly with the Clerk. Rather, 

filers indirectly file a document with the Clerk by electronically transmitting the 

document to an electronic filing service provider (EFSP) which then electronically 

transmits the document to Texas.gov which then electronically transmits the document to 

the Clerk. A filer filing or serving a document must have a valid account with an 

EFSP and with Texas.gov 

( d) Consistent with standards promulgated by the Judicial Committee on Information 

Technology (JCIT), Texas.gov will specify the permissible formats for documents that 

will be electronically filed and electronically served. 

( e) Filers who electronically file documents will pay regular filing fees to the Clerk indirectly 

through Texas.gov by a method set forth by Texas.gov. 

(l) An EFSP may charge filers a convenience fee to electronically file documents. This 

fee will be in addition to regular filing fees. 

(g) Texas.gov will charge filers a convenience fee to electronically file documents. This 

fee will be in addition to regular filing fees and will be in an amount not to exceed the 

amount approved by the Department of Information Resources Board. 

(h) The Clerk may charge filers a convenience fee ;to electronically file documents. 

This fee will be in addition to regular filing fees, credit card fees, or other fees. 

12.4.2 Signatures 

19 
(a) Upon completion of the initial registration procedures, each filer will be issued a 

confidential and unique electronic identifier. Each filer must use his or her identifier in 

order to electronically file documents. Use of the identifier to electronically file 

documents constitutes a "digital signature" on the particular document. 

(b) The attachment of a digital signature on an electronically-filed document is deemed to 

constitute a signature on the document for purposes of signature requirements imposed by 

the Texas Rules of Civil Procedure or any other law. The person whose name appears 

first in the signature block of an initial pleading is deemed to be the attorney in charge for 

the purposes of Texas Rules of Civil Procedure 8, unless otherwise designated. The 

digital signature on any document filed is deemed to be the signature of the attorney 

whose name appears first in the signature block of the document for the purpose of Texas 

Rules of Civil Procedure 13 and 57. 

(c) A digital signature on an electronically-filed document is deemed to constitute a 

signature by the filer for the purpose of authorizing the payment of document filing fees. 

12.4.3 Time Document is Filed 

(a) A filer may electronically transmit a document through an EFSP to Texas.gov 24 

hours per day each and every day of the year, except during brief periods of state-approved 

scheduled maintenance which will usually occur in the early hours of Sunday 

morning. 

(b) Upon sending an electronically-transmitted document to a filer's EFSP, the filer is 

deemed to have delivered the document to the clerk and, subject to Rule l 2.4.3(h), the 

document is deemed to be filed. If a document is electronically transmitted to the filer's 

EFSP and is electronically transmitted on or before the last day for fiiing the same, the 

document, if received by the Clerk not more than ten days tardily, shall be filed by the 

clerk and deemed filed in time. A transmission rep01i by the filer to the filer's EFSP shall 

be prima facie evidence of date and time of transmission. 

( c) On receipt of a filer's document, the filer's EFSP must send the document to 

Texas.gov in the required electronic file format along with an indication of the time the 

filer sent the document to the EFSP and the filer's payment information. Texas.gov will 

electronically transmit to the filer an "acknowledgment" that the document has been 

received by Texas.gov. The acknowledgment will note the date and time that the electronicallytransmitted document was received by Texas.gov. 

(d) Upon receiving a document from a filer's EFSP, Texas.gov shall electronically 

transmit the document to the Clerk. If the document was not properly formatted, 

Texas.gov will transmit a warning to the filer's EFSP. 

(e) Not later than the first business day after receiving a document from Texas.gov, the 

Clerk shall decide whether the document will be accepted for filing. The Clerk shall accept the 

document for filing provided that the document is not misdirected 

20 
and complies with all filing requirements. The Clerk shall handle electronically-transmitted 

documents that are filed in connection with an affidavit of inability to afford 

court costs in the manner required by TEX. R. CIV. P. 145. If the clerk fails to accept or 

reject a document within the time period, the document is deemed to have been accepted 

and filed. 

(f) If the document is accepted for filing, the Clerk shall note the date and time of 

filing which, with the exception of subsection (h) below, shall be the date and time that 

the filer transmitted the document to the filer's EFSP. The Clerk shall inform 

Texas.gov of its action the same day action is taken. Texas.gov shall, on that same day, 

electronically transmit to the filer's EFSP a "confirmation" that the document has been 

accepted for filing by the district clerk. The EFSP will electronically transmit the 

confirmation to the filer. This confirmation will include an electronically "file-marked" 

copy of the front page of the document showing the date and time the Clerk 

considers the document to have been filed. 

(g) If the document is not accepted for filing, the Clerk shall inform Texas.gov of 

its action, and the reason for such action, the same day action is taken. Texas.gov shall, 

on that same day, electronically transmit to the filer's EFSP an "alert" that the document 

was not accepted along with the reason the document was not accepted. The EFSP will 

electronically transmit the alert to the filer. 

(h) Except in cases of injunction, attachment, garnishment, sequestration, or distress 

proceedings, documents that serve to commence a civil suit will not be deemed to have 

been filed on Sunday when the document is electronically transmitted to the filer's EFSP, 

Texas.gov, or the Clerk on Sunday. Such documents will be deemed to have been filed on 

the succeeding Monday. 

12.4.4 Filing Deadlines Not Altered 

The electronic filing of a document does not alter any filing deadlines. 

12.4.5 Multiple Documents 

(a) Except as provided by subsection (b) below, a filer may include only one document in 

an electronic transmission to Texas.gov. 

(b) A filer may electronically transmit a document to Texas.gov that includes another 

document as an attachment (e.g., a motion to which is attached a brief in support of the 

motion). 

12.4.6 Official Document 

(a) The Clerk's file for a particular case may contain a combination of 

electronically-filed documents and traditionally-filed documents. 

(b) The Clerk may maintain and make available electronically-filed documents in 

any manner allowed by law. 

21 
•, 1· 

12.4.7 E-mail Address Required 

In addition to the information required on a pleading by TEX. R. CIV. P. 57, a filer must 

include an e-mail address on any electronically-filed document. 

12.4.8 Document Format 

(a) Electronically-filed documents must be computer-formatted as specified by 

Texas.gov. Electronically-filed documents must also be formatted for printing on 8 Y2-

inch by 11-inch paper. 

(b) An electronically-filed pleading is deemed to comply with TEX. R, CIV. P. 45. 

PART 5. SERVICE OF DOCUMENTS OTHER THAN CITATION 

12.5.1 Electronic Service of Documents Permissible 

(a) In addition to the methods of serving documents (other than the citation to be served 

upon the filing of a cause of action) set forth in TEX. R. CIV. P. 21 a, a filer may serve 

documents upon another party in the case by electronically transmitting the document to 

that party at the party's email address. Service in such a manner is known as "electronic 

service," and is permissible in the circumstances set out in paragraph (b) below. 

(b) Documents may be electronically served upon a party only where that party has 

agreed to receive electronic service or where the court has ordered the parties to 

electronically serve documents. 

(c) By virtue of electronically filing a document or serving a document or by agreeing to 

accept service, a filer additionally agrees to provide information regarding any change in 

his or her e-mail address to Texas.gov, the district clerk, and all parties in the case. 

(d) A party who electronically files a document is not required to electronically serve 

documents upon other parties unless the court,ha.s·~Idered the parties to electronically 

serve documents. 

(e) A filer may electronically serve a document in instances where the document is 

traditionally filed as well as in instances where the document is electronically filed. 

12.5.2 Completion of Service and Date of Service 

(a) Electronic service shall be complete upon transmission of the document by the filer to 

the party at the party's e-mail address. 

(b) Except as provided by subsection ( c) below, the date of service shall be the date the 

electronic service is complete. 

22 
(c) When electronic service is complete after 5:00 p.m. (recipient's time), then the date of 

service shall be deemed to be the next day that is not a Saturday, Sunday or legal holiday. 

12.5.3 Time for Action After Service 

Whenever a party has the right or is required to do·some act within a prescribed period of 

time after service of a document upon the party and that document is electronically 

served, then three days shall be added to the prescribed period of time. 

12.5.4 Certification of Service 

(a) Documents to be electronically served upon another party shall be served before the 

time or at the same time that the document is filed. 

(b) A filer who electronically serves a document upon another party shall make a written 

certification of such service that shall accompany the document when that document is 

filed. The written certification shall include, in addition to any other requirements 

imposed by the Texas Rules of Civil Procedure, the following: 

(i) the filer's e-mail address or telecopier (facsimile machine) number; 

(ii) the recipient's e-mail address; 

(iii) the date and time of electronic service; and 

(iv) a statement that the document was electronically served and that the 

electronic transmission was reported as complete. 

PART 6. ELECTRONIC ORDERS AND VIEWING OF ELECTRONICALLYFILED DOCUMENTS 

12.6.1 Courts Authorized to Make Electronic Orders 

(a) A judge may electronically sign an order by applying his or her digitized signature to 

the order. Judges are not required to electronically sign orders. 

(b) Upon electronically signing an order, the judge shall electronically forward the order 

to the Clerk who may treat the electronic order as the official copy of the order. 

Alternatively, the Clerk may print the electronic order and treat the printed order 

as the official copy of the order. 

( c) The Clerk may electronically scan a traditional court order. The scanned court 

order may then serve as the official copy of the court order. The Clerk is not 

required to electronically scan traditional court orders in order to create official electronic 

court orders. Electronic scanning of traditional court orders is at the option of the district 

clerk. 

23 
12.6.2 Viewing of Electronically-filed Documents 

(a) The Clerk shall ensure that all the records of the court, except those made 

confidential or privileged by law or statute, may be viewed in some format by all persons 

for free. 

(b) Independent of the Texas.gov system and the requirement of viewing access 

described in subsection (a), the Clerk may choose to provide for both filers and the 

general public to electronically view documents or court orders that have been 

electronically filed or scanned. Where such provision has been made, persons may 

electronically view documents or court orders that have been electronically filed or 

scanned. 

( c) Nothing in this rule allows for the viewing of documents or court orders, in any form, 

that are legally confidential (e.g., papers in mental health proceedings) or otherwise 

restricted by judicial rule or order. 

PART 7. MISCELLANEOUS PROVISIONS 

12.7.1 Assigned Court to Resolve Disputes 

In the event a dispute should arise involving the application of these rules or various 

electronic filing issues, a district court assigned in accordance with local assignment 

procedures shall decide any dispute. 

12.7.2. Rule Guiding Interpretation. 

These rules shall be liberally construed so as to avoid undue prejudice to any person on 

account of using the electronic filing system or sending or receiving electronic service in 

good faith. 

Rule 13 

Adoption, Amendment, Notice 

Rule 13.10 

These rules may be amended by majority vote of the District Judges, provided: 

A. that any proposed rule or amendment shall not be inconsistent with rules adopted by the Supreme Court of 

Texas or with any rule of the Administrative Judicial District in which the Court is located, and; 

B. any proposed rule or amendment shall not become effective until it is submitted and approved by the 

Supreme Court of Texas, and; 

C. any proposed rule or amendment shall not become effective until at least thirty days after its publication in a 

manner reasonably calculated to bring it to the attention of attorneys practicing before the court or courts 

for which it is made, and; 

D. all rules adopted and approved in accordance herewith are made available upon request to members of the 

Bar and the public. 

Rule 14 

Electronically Transmitted Court Documents 

(FACSIMILE) 

Rule 14.10 Receiving and Filing 

24 
The following rules govern the procedure for the District Clerk of Galveston County ("the clerk") to receive and file 

electronically transmitted court documents. 

A. The clerk is authorized to accept for filing via electronic transmission any document which might be filed in 

a court action except: (a) returns of service on issuances; (b) bonds; (c) signed orders or judgments. As of 

July 19, 1990, by order of the Supreme Court of Texas, facsimile transmission of judicial assignments may 

be accepted with original copies being retained by the Office of the Chief Justice or Administrative Judicial 

Region. 

B. Documents electronically transmitted for filing will be received by the clerk on a plain paper facsimile and 

printed by a laser printer, thereby rendering the copy of archival quality. No document printed on thermal 

paper shall be filed. 

C. No document electronically transmitted shall be accepted by the clerk for filing until court costs and fees 

have been paid. Court costs and fees may be paid through an escrow account established with the clerk. 

Documents tendered to the clerk electronically without payment of court costs and fees, or with incomplete 

information on the charge authorization or request, or which do not conform to applicable rules, will not be 

filed. 

D. A fee schedule for electronic filing shall be adopted annually by the clerk and approved by the local courts. 

E. An electronically transmitted document accepted for filing will be recognized as the original record for file 

or for evidentiary purposes when it bears the clerk's official date and time file stamp. 

f. Every document electronically transmitted for filing shall conform to the requirements for filing established 

by the Texas Rules of Civil Procedure, i.e., shall be on paper measuring approximately 8-1 /2 x 11 inches, 

shall be signed individually by the party or the party's attorney of record, and shall contain that individual's 

State Bar of Texas identification number, if any, address, telephone number and telecopier number. The 

quality of the original hard copy shall be clear and dark enough to transmit legibly. 

G. The sender shall maintain the original of the document with original signature affixed as required by section 

51.806, Texas Government Code. 

H. A cover sheet must accompany every transmission which shall: (a) clearly identify the sender, the 

documents being transmitted, and the number of pages; (b) have clear and concise instructions concerning 

the issuance or other request; and (c) have complete information on the charge authorization or escrow 

account debit for court costs and fees. 

I. The clerk, upon receipt of an electronically transmitted document, shall verify the completeness of the 

transmission. 

J. The clerk, when satisfied that the transmission is complete, shall confirm the charge authorization or escrow 

account debit and note the authorization code on the cost receipt. Thereafter, the documents tendered 

electronically shall be deemed accepted for filing and the clerk shall affix the clerk's official date and time 

file stamp to the document. 

K. If the transmission is found to be incomplete or court costs or fees, if required, are not paid, the clerk will 

notify the sender as soon as practicable that the transmission has not been filed and the reason. 

L. After filing an electronically transmitted document the clerk will electronically transmit to the sender an 

acknowledgment of the filing, together with cost receipt, if any. 

M. No citation or writ bearing the official seal of the court may be transmitted electronically. 

N. Electronic transmission of a document does not constitute filing. Filing is complete when the clerk's 

official date and time stamp is affixed to the document. 

0. Each page of any document received by the clerk will be automatically imprinted with the date and time of 

receipt. The date and time imprinted on the last page of a document will determine the time of receipt but 

not time of filing. Transmissions completed during a normal business day before 5:00 p.m. and accepted 

for filing will be filed the day ofreceipt. Transmissions completed after 5:00 p.m., on weekends or holidays 

will be verified and filed before 10:00 a.m. on the first business day following receipt of transmission. The 

sender is responsible for determining if there are any charges in normal business hours. 

Rule 1'5 

Ad Litem Appointments 

Ruic 15.1 

25 
Pursuant to Section 74.092 of the Government Code, the Local Administrative Judges shall establish and maintain a 

list of all attorneys qualified to serve as an attorney ad !item. The list of attorneys ad !item maintained under 

Subsection (a)(ll) must contain the names of alt attorneys who: (I) meet any statutory or other requirements to serve 

as an attorney ad !item; and (2) have registered to serve as attorney ad litem with a coW1 for which the judge 

maintaining the list serves as local administrative judge. Application for inclusion to the Galveston County Ad 

Litem list should be made on the form approved by the Local Administrative Judges and available through the Office 

of Justice Administration of Galveston County. 

Adoption 

Upon approval by a majority vote of the District Judges of Galveston County, and subject to approval by the 

Supreme Court of Texas, these rules shall become effective May 01, 20 l l and so long thereafter until amended, 

repealed or modified by order of the District Courts. All existing Local Rules previously governing the management 

of the Court dockets shall be repealed on the effective date of these rules. Each numbered or lettered paragraph of 

these rules shall be considered to be separate and distinct from all other portions hereo( and if any portion should be 

declared by a higher Court to be improper, such declaration will not affect any other portion not so declared to be 

improper. 

The District Clerk is directed to furnish a copy of these rules to the Supreme Court of Texas, pursuant to Rule 3a 

of the TeKas Rules of Civil Procedure, and to record these rules in the Civil Minutes of the lOdt, 56th, !22nd, 

21 111, 306tti and 405t1t District Courts. 

d pted this the y of April, 2011 to become effective on May 0 I, 2011 or upon approval by the 

S reme C hichever is later. 

on. ohn Ellisor 

I 22nd Judicial District Court 

Hon. Wayne Mallia 

405111 Judicial District Court 

This document filed with JASON MURRAY, District Clerk of Galveston County, Texas on the "'2__ day of April, 

2011. 

JASON E. MURRAY 

CL.ERK DISTRICT COURT 

FIL.ED 

APR 2 0 2011 

26 
FINANCIAL INFORMATION STATEMENT 

o•--~-----~ 

HUSBAND/FATHER 

Peid6"tt)' ____ _ 

HUSBAND 

Cause No. _____ _ 

Employer 

Paid 

Monthly Net Pay 

Other lncOJM 

Child Support 

Spgusal Sup= 

Total Net Income 

HoUSIOO for Husband 

Houslno for Wife 

Prooertv Taxes 

Homeowner's Insurance 

Flood Insurance 

Windstorm Insurance 

ft 

Water 

Cable TV 

Teleohone 

Lawn Service 

Food/Groceries 

Entertainment-for AdUK 

Entertainment-child 

Haircuts 

Laundrv 

Housekeeoer 

Uninsured Medical 

Dental 

Car Insurance 

Auto Loans 

Gas/Oil 

life Insurance 

Private School 

Lunches/School Suoolies 

Clothes-Adult 

Clothes-Child 

Cell Phone 

Pets 

SubsaiDtlons 

Internet S81'Vk:e 

Membershlos 

Total Credit Card(sl 

Misc. 

Total Exoenses 

WIFE I MOTHER 

Paidevsry ____ _ 

WIFE 

List each credit card 

I Card 

,__ ______ __.! Monthly Ca8h Flow I ...._______ _. 

Minilmlm M!llllltx Panmmt 

Ready Cash List non-retirement accounts or cash ln your name or control. Attach additional pages if needed. 

-- T"'A""""' - I I 

Signature: X. ____________ _ Date: ____ _