All About Harris County Local Rules
The Local Rules for Harris County are an important – and sometimes overlooked – part of pursuing litigation before the Courts of Harris County. Unlike the Texas Rules of Civil Procedure, the Local Rules provide directions and guidance for suits filed in Harris County. Ignoring the Local Rules for Harris County or else assuming that they will be what you are already doing could result in additional costs to you or your client.
Not knowing the Local Rules is not an excuse. Texas Rule of Civil Procedure 83 says that parties have a duty to know and follow both the Texas Rules of Civil Procedure and local rules. This means that if you do not follow the Local Rules in Harris County, you won’t be able to say you didn’t know about the Local Rules.
The Local Rules for the Harris County district courts go further than the Texas Rules of Civil Procedure in addressing issues specific to the Harris County District Courts.
For example, Local Rule 1.5 addresses the Clerk and other officers of the court in Harris County. If your pleadings are filed around the lunch hour or after 5PM on a work day, the filing time may not be as it appears. The Local Rules for Harris County specifically state: "Unless provided otherwise in these rules, if any pleading is filed or any document or other matter is presented to the Clerk of the Court after the close of regular office hours, the endorsement of time by the Clerk shall be conclusive evidence of the fact as against the party on whose behalf the matter was submitted. Provided, however, when a motion or notice of presentment of a motion is filed after 10:30 AM on any day, the pleading shall be presumed to be presented after the close of regular office hours." If you file something on the courthouse steps or after 4PM (and before opening the next morning), you may find that the Clerk considers it to be filed the next business day – and not the day you file it.
Another example of a Harris County local rule that goes beyond the Texas Rules of Civil Procedure is Local Rule 10.3. In Harris County, these rules are adopted by standing order. The order states, in part: It is ordered that the following Local Rules for the several District Courts in Harris County, Texas, are adopted this 1st day of September, 1987 . These rules shall be mandatory and shall be in full force and effect in each of the District Courts, and all orders or parts of orders heretofore entered which are inconsistent or in conflict with these Rules are herewith superseded, and the records of the District Courts are to be governed by these Rules.
For example, Local Rule 10.3 addresses the form of motions, responses, replies, answers, and objections. All documents must be: (1) vertically printed with at least 18 point type size; (2) single spaced, on one side of paper only, with 1-inch margins on the top and bottom, 1-1/2 inch left and right margins, 4-1/4 inch margins on the binding side; (3) double spaced between headings and between text lines; (4) signed by the attorney of record and the name must be typeset directly under the signatures in a font no smaller than 18 point; (5) not stapled or clipped; (6) punched with two holes through the left margin and fastened together or in another suitable way that does not interfere with the readability of the document; and (7) page numbered from bottom to top or bottom to bottom.
All pleadings must contain certain information, in various formats. Local Rule 10.13 requires that documents contain criminal control numbers. And the list goes on.
These are just examples of the Local Rules for Harris County District Courts that go further than the Texas Rules of Civil Procedure. There are some Local Rules that go further than the Texas Rules of Evidence. Again, these Local Rules are mandatory in all Harris County District Courts.
The Local Rules for Harris County District Courts are unique to each of the Harris County district courts and are not automatically the same. They are also referred to as "Standing Orders." Each Harris County judge has their own enduring order that adopts the Local Rules for Harris County. The Local Rules for Harris County are found on each individual district court’s website.
For example, the 152nd District Court has a standing order that adopts the Local Rules – The Judge on the 152nd District Court website has the Local Rules on that site.
Scope of Harris County Rules and Jurisdiction
Harris County is created pursuant to the Constitution and laws of the State of Texas. The Harris County Local Rules of Administration, unlike the Local Rules of Civil Procedure or the Federal Rules of Civil Procedure, are not created pursuant to a statute, and therefore, not issued pursuant to any statute. The Local Rules, or rules of court, are promulgated for the orderly administration of the courts and the efficient transaction of the business of the courts subject to the jurisdiction and control of the Supreme Court of Texas. Harris County Local Rules of Administration, Rule 1.2. Rule 1.3 further provides that the Local Rules of Administration are grounded in the requirements of the Civil Practices & Remedies Code, the Texas Rules of Civil Procedure, the Government Code, and the local customs and practices of the Harris County District Courts. Rule 1.3. Rule 1.4 provides that the Local Rules supersede the Texas Rules of Civil Procedure in certain circumstances. The Local Rules of Administration also address specific procedures that are unique to the District Courts of Harris County to further the goal of an efficient and orderly administration of the courts. Harris County Local Rules of Administration, Rule 1.5. However, where the Local Rules and the Texas or Federal Rules are silent, Harris County courts will look to other courts for guidance depending on the similarity of the legal and equitable issues involved. For example, as a general rule, Harris County courts apply the Texas state court case law in matters appearing on the local docket. When the particular legal or equitable issue has not been addressed by the Texas state courts, Harris County courts will look to federal courts for guidance. In some cases, Harris County courts will follow federal practice as persuasive authority, and in cases involving legal or equitable issues resembling those traditionally within the purview of equity, Harris County courts have deferred to federal decisions decided under the federal rules. As Harris County courts view themselves as an extension of the state legal system rather than its own unique system, the Local Rules of Administration are to be read in aid of, and in harmony with, the Texas Rules of Civil Procedure and the Federal Rules of Civil Procedure. Harris County Local Rules of Administration, Rule 1.5. In the event a conflict exists between a Local Rule and state or federal law, the state or federal law controls over the Local Rules.
What Do Local Rules Cover?
The local rules of Harris County are primarily focused on the rules of practice and procedure in state court. The first several rules, for example, are either administrative rules or rules of construction, and do not address practice and procedure. The next main section of the Harris County local rules addresses civil case management. Local Rule 190 sets out the presumptive deadlines for the progress of a case, from the date of appearance through time for docket control orders, discovery control plans, motions for continuance, and motions to exclude evidence. A few other rules address specific procedures, such as pretrial procedures in Local Rule 175, which sets out the presumptive deadlines for completion of mediation and pretrial information reports.
The next section of the Harris County local rules addresses filing requirements, including procedural rules regarding pleadings, preparation and filing of documents with the court, service requirements, and numerous rules addressing e-filings, such as a requirement that filers confirm that filings have been accepted and limitations of e-file accounts. Local rules also address issues with summary judgment practice (e.g., Local Rule 166(b), (c), and (e)), sanctions for failure to comply with local rules (Local Rules 13, 215, and 320), and case management conferences (Local Rule 190.1).
Where to Find Harris County Local Rules
The Harris County Local Rules are available online through the District Clerk’s and the City of Houston’s websites. The court’s website has links to the District Clerk’s website (includes local rules for both civil and family cases) and the City of Houston Municipal Court’s website. The local rules for criminal cases have not yet been placed on the Harris County District Clerk’s website, but they are available at the Harris County Criminal Courts website. The District Clerk’s website also includes the jurisdictional charts, and the Office of Court Administration provides an explanation of Texas Jurisdictional Charts by Area.
You can also access the local rules through the Texas Bar’s website. The Bar’s "Local Rules" page has a complete list of all Texas counties and the rules for each, sorted alphabetically. The Bar also provides templates for model agreements and orders.
Changes for Local Rules
Like any regulatory scheme, the local rules are not static. They change in response to new legislation, case law, or simply as a result of the needs of the courts and the litigants. Harris County customarily provides three updates every year. The first, usually occurring in January or February, is the "January Amendment" in which the local rules are amended to track changes in the Texas Rules. In July or August, the "July Amendment" is affected. This amendment concerns any issues that arise on the local level. Finally another set of rule amendments occurs around October or November for the upcoming year. With the exception of the January Amendment , these amendments are followed by a comment period during which litigants and practitioners may submit written comments and proposed rules changes. After all comments are received the judges of Harris County vote on whether to adopt the proposed changes. This process provides a unique opportunity for practitioners to engage directly with the courts as a rulemaking body. The amended rules become effective when published. Harris County publishes its local rules on its website. Additionally, any regular or emergency amendments or orders will be posted there too, creating one place where any changes flowing from the local rules process can easily be accessed.
Local Rules Mysteries and FAQs
The following common misunderstandings and FAQs are addressed in the Harris County Local Rules:
1. The Local Rules are Too Long to Read
While an understandable complaint, this is not a valid excuse for ignoring the Local Rules. In response to this complaint, the Local Rules were restructured to make it more reader friendly and easier to locate pertinent information. The rules are concise and presented in a specific order.
2. The Clerk’s Office Has Copies of the Local Rules
The Clerk’s office no longer has copies of the Local Rules. Dockets of pleadings and paper files are available for review on court days during regular business hours, and only in the Courtroom.
3. Can I Can Only Use Harris County Local Rules in the 333rd Judicial District Court
No. The 333rd Judicial District Court has adopted the Harris County Local Rules as its rules of procedure. The 333rd Judicial District Court does not use the Texas Rules of Civil Procedure.
4. I Don’t Like a Particular Local Rule, Am I Required to Follow It?
You are required to follow all Local Rules unless a presiding judge allows you to deviate from the requirements of a Local rule for good cause shown.
5. If a Local Rule Conflicts with a Texas Rule of Civil Procedure Which Rule Applies?
The Harris County Local Rules supplement the Texas Rules of Civil Procedure when there is no conflict. However, when there is a conflict the Texas Rules of Civil Procedure shall control. For example, if the Harris County Local Rules and the Texas Rules of Civil Procedure conflict regarding deposition procedures, the Texas Rules of Civil Procedure shall control.
It is important to remember that the presiding judge has discretion regarding the procedure to be followed in cases before the 333rd Judicial District Court and is not bound by either the Harris County Local Rules or the Texas Rules of Civil Procedure. If you have a valid reason for requesting that the presiding judge deviate from the Local Rules or the Texas Rules of Civil Procedure, bring it to the Court’s attention. Otherwise, follow the Local Rules.
How Local Rules Affect Your Practice
Local rules play a very similarly important role in legal practice as legislative statutes. That is because local rules essentially structure lawyers’ professional conduct when practicing in their respective jurisdictions. Particularities regarding filing deadlines, forms, protective orders, or trial protocols are unique to each jurisdiction. Moreover, in order to win a case, attorneys must not only be knowledgeable about the substantive law but also the governing local rules. Unlike many regulations that change regularly, local rules are typically less dynamic and remain in effect for long periods of time with relatively few amendments.
In Harris County, the local rules are published a little before the expiration of older rules. Hence , their impact on legal practice in one of the largest and most important counties in Texas is significant for the foreseeable future. The Houston Bar Association’s Litigation Section’s Rules Committee has already published a preview of changes in local rules based on a cursory review and vetting process. For instance, one of the largest concerns is the effectiveness of the notice of hearing as a method of providing parties’ notice of hearings, particularly for hearings where evidence is taken.
Although it can be a Herculean task for litigants to follow all of the local rules for every court they may practice in, they do have a substantial impact on legal practice, primarily by impacting when lawyers or their staff turn in documents at court. Local rules also have a direct impact on litigation costs by directly affecting due process in the case of complicated motions or when hundreds of parties are involved by such issues as whether the parties received notice of the hearing or opportunity to be heard.