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RULE §155.305Motions, Generally

(a) Purpose and effect of motions. To make a request, including a request to change a setting or obtain a ruling, order, or any other procedural relief from the judge, a party shall file a written motion. The motion shall describe specifically the action requested and the basis for the requested action. Unless otherwise specified in this chapter, a motion is not granted until it has been ruled on by the judge, even if the motion is uncontested or agreed.

(b) General requirements for motions. Except as provided in this chapter, or unless otherwise ordered by the judge, all motions shall:

  (1) be filed in writing no later than seven days before the date of the hearing; except, for good cause demonstrated in the motion, the judge may consider a motion filed after that time or presented orally at a hearing;

  (2) include a certificate of conference that complies substantially with one of the following examples:

    (A) Example one: "Certificate of Conference: I certify that I conferred with {name of other party or other party's authorized representative} on {date} about this motion. {Succinct statement of other party's position on the action sought and/or a statement that the parties negotiated in good faith but were unable to resolve their dispute before submitting it to the judge for resolution.} Signature."

    (B) Example two: "Certificate of Conference: I certify that I made reasonable but unsuccessful attempts to confer with {name of other party or other party's authorized representative} on {date or dates} about this motion. {Succinctly describe these attempts.} Signature."; and

  (3) include a reference in the motion's title to a request for a hearing on the motion if the moving party seeks a hearing.

(c) Responses to motions.

  (1) Except as otherwise provided in this chapter or as ordered or allowed by the judge, responses to motions shall be in writing and filed on the earlier of:

    (A) five days after the motion is filed; or

    (B) the date and time of the hearing; however, if the judge finds a good reason has been shown, responses to written motions may be presented orally at hearing.

  (2) If no response is filed within the time period prescribed by this section or chapter, the judge may consider the motion unopposed.

(d) Motions to intervene or for party status. Motions for party status shall be filed no later than 20 days prior to the date the case is set for hearing. Responses to such motions shall be filed no later than seven days after the motion is filed.

(e) Other motions. In addition, other types of motions are addressed in other sections of this chapter. If there is a conflict between this section and a requirement found in another section relating to a specific type of motion, the more specific provision applies.

Source Note: The provisions of this §155.305 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective January 1, 2017, 41 TexReg 8593

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