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 Motions

 

 Texas District Court
 Collin County

This is a preview. For access to the full SmartRules Guide,
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 Timing

Generally Applicable Motion Rules

Be sure to consult the relevant statutes, rules, and case law governing the particular type of motion brought more...   

 Briefing Schedule and Procedure

Texas Rules of Civil Procedure -- Limited Briefing

With the exception of motions for summary judgment, special appearances, and special exceptions, motions in Texas district courts are more...

Moving Papers -- Serve Three (3) Days Before Hearing

Unless presented during a hearing or trial, motions presented to the court for an order must be served more...

The three (3) day notice period does not include Saturdays, Sundays, or legal holidays. The three (3) day more...

Opposition Papers -- Consult Local Rules or Individual Judge

There are no provisions of the Texas Rules of Civil Procedure regarding the timing of opposition or response more...

Reply Papers -- Consult Individual Judge

There are no provisions of the Texas Rules of Civil Procedure regarding the timing of reply papers. more...

Deadlines for Filing Certain Motions

Motions for summary judgment must be served twenty-one (21) days before the hearing on the motion. . more...

Motions for attorneys to show authority must be served ten (10) days before the hearing on the motion. more...

Motions to seal court records must be served not less than fourteen (14) days after the motion is more...

Mail or Facsimile Service -- Additional Time To Respond

A party that has the right or is required to respond or do some act within a prescribed more...

Extensions of Time

The court, on its own motion or on the application of a party, may extend or otherwise modify more...

 Collin County Local Rules

Continuances and Postponements

An agreed continuance is not automatic and must be approved by the Court. . more...

No continuance will be granted unless counsel for all parties involved give consent, or unless upon motion timely more...

No motion for continuance shall be considered as having been timely filed unless such filing is made and more...

Ex Parte Motions

Counsel presenting any application for an ex parte order shall, before presenting any such application to any District more...

Temporary Orders

Except in emergencies when the District Clerk's Office is not open for business, no application for immediate or more...

Whenever immediate action of a Judge is required in an emergency when the Clerk's Office is not open more...

Hearings on Temporary Orders

Each party present at any hearing on temporary orders shall be limited to twenty (20) minutes total to more...

Discovery Motions

All motions for discovery sanctions, requests for rulings on discovery objections, and motions to compel discovery shall set more...

 Rules & Requirements

Generally Applicable Motion Rules

This procedural guide covers generally applicable rules of motion practice in the Collin County Superior Court.Be sure to consult the relevant statutes, rules, and case law governing the particular type of motion brought more...

 Form & Format of Papers

In Writing

Unless made during a hearing or at trial, motions must be made in writing. . more...

Notice of Hearing

Notice May Be Filed Separately

The notice must contain a certificate of service if the notice of hearing is filed separately from the more...

Set Forth Grounds and Relief

The motion must state the grounds upon which it is based as well as the relief or order more...

Statements May Be Adopted by Reference

Statements in pleadings may be adopted by reference in any motion, provided that the referenced statements have not more...

Signature

In General

Every document filed with the court must be signed by the attorney of record. . more...

By signing the document, the signatory certifies that he or she has read the document, that the document more...

Sanctions for Violations of Signature Rule

After notice and hearing, the court will impose an appropriate sanction on any person who signs a motion more...

Additional Formatting Requirements

Collin District Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Declarations/Affidavits

Collin District Court SmartRules procedural guide: AFFIDAVITS/DECLARATIONS. more...

 Filing & Service

Filing

Required

A motion must be filed with the court clerk and a true copy of the same must be more...

Method

Collin District Court SmartRules procedural guide: FILING DOCUMENTS. more...

Service

Requirement and Timing

Unless presented during a hearing or trial, motions presented to the court for an order must be served more...

The three (3) day notice period does not include Saturdays, Sundays, or legal holidays, except when the three more...

Method

Collin District Court SmartRules procedural guide: SERVICE OF PAPERS. more...

Certificate of Service

Any party not represented by counsel and any attorney of record must include with every motion a signed more...

Sanctions for Failing To Serve or Deliver

The trial court has discretion to impose any appropriate available sanction if any party fails to serve another more...

 Hearing & Disposition

Court May Set Pre-Trial Conference to Resolve All Pending Motions

The court may direct parties to appear for a pre-trial conference to resolve all pending motions. . more...

Court May Award Costs on Motion

Except when otherwise provided by law, the court may, in its discretion, award or deny costs on motions. more...

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