Montgomery County 410th District Court

Which standing orders apply in the Montgomery County 410th District Court?

In addition to the county family rules and standing order, the 410th has three standing orders of its own, all signed December 13, 2022 and effective January 1, 2023: one on motions and hearings, one on mediation and one on default judgments. The court also uses its own pretrial status report before trial.

Most motions are decided on paper

• Any motion that does not need live testimony is set by submission with at least 10 days' notice, or longer when the Texas Rules of Civil Procedure require it, such as 21 days for summary judgment.
• The submission date goes in a Notice of Submission, served with a proposed order.
• Without a timely notice, a proposed order fully stating the relief, or a certificate of conference, the court takes no action on the motion.
• A response and a proposed order denying relief are due at least 2 working days before the submission date. Either side may ask in writing for an oral hearing.

A health insurance form in every case with children

Each party completes the court's form titled "Required Health and Dental Insurance Information," which tracks Texas Family Code § 154.181 and § 154.1815. It is filed with the party's first pleading, or at the latest 24 hours before any hearing that may involve child support. Missing it can bring sanctions and, at final trial, dismissal for want of prosecution.

Temporary orders hearings run on a clock

Each side generally gets one hour, including cross-examination, for two hours in all. An intervening party aligned with one side adds 30 minutes, giving each side 1.5 hours. An amicus attorney and an assistant attorney general each get 30 minutes.

Mediation comes before hearings and again before trial

• Mediation is required before any evidentiary oral hearing, except motions to compel discovery, summary judgment, default, nonsuit, service of citation, new trial and temporary restraining orders.
• Final trial needs its own mediation, held no more than 90 days before trial. An earlier session does not count.
• Each party must call or email the other side to set mediation. If the other side will not cooperate, a motion to compel mediation must be filed no later than 45 days ahead of trial and set on submission.
• Every party and attorney attends, and each attorney may stay with the client throughout.

Default judgments need paperwork on file

In a case dividing property, a sworn inventory must be on file at the default hearing or the hearing is reset. A child support request needs the proposed calculations, supporting documents and proof of the children's insurance cost marked as exhibits. A proposed judgment must be on file by the hearing date.

The Joint Pretrial Status Report

The court's form calls for one completed report, signed by all lead counsel and self-represented parties, emailed to the court administrator by noon 14 days before trial, as provided in the docket control order. It asks whether trial mediation is done, inventories and financial statements are filed, and exhibits are exchanged. Under the mediation order, a request for more time to finish agreed orders after a mediated settlement goes in this report, and failing to file it can lead to dismissal even when a settlement exists.