Court Rules
Judge Rosie Alvarado
Judge

Judge Rosie Alvarado

Individual Rules, Standing Orders & Policies

Rules last changed:
Bexar County Civil District Courts

Limits & Logistics

Document Limits

Extended Assignment MotionCourt-wide
5 pgs

Courtesy Copies

Rule 56 Motions

  • 1 copy • Email • No Later Than 7 Days Before Hearing

Signed Order

Court-wide
  • Mail • After Signature By Court

Adjournments

  • MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.
  • Even agreed resets of a summary judgment hearing must comply with the 60-day statutory deadline, and resets within the 90-day deadline require the movant's consent or good cause.
  • To reschedule a summary judgment setting, a party must obtain leave to drop the setting, confirm the reset with the Court Clerk, contact the Clerk for available dates, confer with opposing counsel or any self-represented party, and file a notice of hearing with the confirmed date and time, time announcement, and reason for the change.

Request must include

Reason For RequestAdversary PositionProposed Rescheduled Date

Communication

Clerk5 contacts

  • jessica.agonzalez@bexar.org
  • 210-335-2621
  • (210) 335-2300
  • 210-335-2520
  • 210-335-2000

Other Contacts2 contacts

  • 210-631-0100
  • (210) 335-3843

Chambers1 contacts

  • (210) 335-0448
Filters:AllMandatoryImportantFormattingConferences

Document Format Requirements1 rule

Formatting

The quote is in the court's document. The summary is not checked yet.Important?

The court's preference is one party drafts the order, and the other party submits visible redline edits which can later be shared with the court via Zoom's "share screen" component. The court disfavors operating from two competing orders, however, recognizes in some instances it is necessary.

Summary: The court prefers one party to draft the order with the other submitting visible redline edits shareable via Zoom screen share, and disfavors two competing orders though it recognizes this is sometimes necessary.

Document Filing Requirements1 rule

Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

A certificate of conference must be included with any unagreed upon setting.

Summary: Any unagreed-upon MTE setting must include a certificate of conference.

Document Type

Unagreed Motion Setting

Content & Formatting
Certificate Of Conference

Filing & Service rules

Filing Timing and Cure Windows

Motions for summary judgment must be set for hearing by oral argument or submission within 60 days of the motion's filing date.

Specifically, that, motions must be set for hearing by oral argument or submission within 60 days of the motion's filing date

The quote is in the court's document. The summary is not checked yet.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

The statutory deadlines do not apply to withdrawn motions; if a motion is withdrawn and refiled, the deadlines are calculated from the new filing date.

These deadlines do not apply to a motion that has been withdrawn. If the motion is withdrawn and refiled, the applicable deadlines will be calculated from the new filing date.

The quote is in the court's document. The summary is not checked yet.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Summary judgment hearings may be set within 90 days of the filing date if required by the Court's docket, for good cause, or with the movant's consent.

hearings may be set within 90 days of the filing date if required by the Court's docket, for good cause, or with the movant's consent

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Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Summary judgment motions are set and heard by the 438th District Court (not the Presiding Court), with the Clerk selecting a hearing date within 35-60 days of filing and entering settings into Odyssey.

THEREFORE: All motions for summary judgment filed in the 438th District Court will be set and heard by the 438th District Court, not the Presiding Court. After filing the motion, the Court Clerk will select a hearing date based on the court's calendar, within 35-60 days of the filing, and provide notice by email to all parties on file. Settings will also be entered into Odyssey, the court filing system.

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Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

The Court must issue a written ruling on a summary judgment motion no later than 90 days after the motion is heard or submitted.

the Court must issue a written ruling no later than 90 days after the motion is heard or submitted

The quote is in the court's document. The summary is not checked yet.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Service and Proof of Service Rules

The courtesy copy email to the Court must copy all counsel of record and self-represented litigants.

Please ensure all counsel of record and self-represented litigants are copied.

The quote is in the court's document. The summary is not checked yet.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

The Court Clerk will provide notice of the selected summary judgment hearing date by email to all parties on file.

After filing the motion, the Court Clerk will select a hearing date based on the court's calendar, within 35-60 days of the filing, and provide notice by email to all parties on file.

The quote is in the court's document. The summary is not checked yet.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Courtesy Copy Requirements

Parties must email the Court a complete electronic courtesy copy of the summary judgment motion, response, reply, and supporting exhibits no later than seven days before the hearing.

No later than seven days before the hearing, the parties must provide the Court a complete electronic courtesy copy via email of the motion, response, reply and supporting exhibits.

The quote is in the court's document. The summary is not checked yet.

Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Pre-Motion Conference Requirements

Each MTE hearing is limited to 15 minutes.

Only 15 minutes is allowed per MTE hearing.

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Page 1 | GENERALLY:

Parties must meaningfully confer before an MTE hearing, including exchanging the proposed order and proposed changes, or risk the MTE being reset or being ordered to confer in a Zoom breakout room.

The court requires the parties to meaningfully confer in advance of the hearing which includes having exchanged the proposed order and submitting proposed changes. Failure to confer may result in the MTE being reset or the parties ordered to confer in a zoom breakout room prior to the court taking up the matter.

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Page 1 | GENERALLY:

Before setting any MTE, parties must contact the court for available dates and confer with the opposing pro se party or counsel on those dates before filing the setting.

Prior to setting any MTE in the 438th District Court, the parties shall contact the court to obtain dates of availability and confer with the opposing pro se party or counsel on those dates prior to filing the setting.

The quote is in the court's document. The summary is not checked yet.

Page 1 | GENERALLY:

MTEs requiring up to 30 minutes may only be set during nonjury weeks starting at 4:30pm, subject to the court's availability.

MTE's requiring up to 30 minutes of time, may only be set during non-jury weeks starting at 4:30pm, and are subject to the court's availability.

The quote is in the court's document. The summary is not checked yet.

Page 1 | SETTINGS DURING THE COURT'S NONJURY WEEKS:

During the court's jury weeks, no MTE settings are permitted on Mondays or on Tuesdays following a Monday court holiday.

No MTE settings are permitted on Mondays nor Tuesdays following a Monday court holiday.

The quote is in the court's document. The summary is not checked yet.

Page 1 | SETTINGS DURING THE COURT'S JURY WEEKS:

During the court's nonjury weeks, no MTE settings are permitted on Mondays or Fridays.

No MTE settings are permitted on Mondays and Fridays.

The quote is in the court's document. The summary is not checked yet.

Page 1 | SETTINGS DURING THE COURT'S NONJURY WEEKS:

During nonjury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm and 1:30pm, subject to the court's availability.

The rest of the week, and subject to the court's availability, MTEs are permissible starting at 1pm and 1:30pm.

The quote is in the court's document. The summary is not checked yet.

Page 1 | SETTINGS DURING THE COURT'S NONJURY WEEKS:

During jury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm, subject to the court's availability.

The rest of the week, and subject to the court's availability, MTEs are permissible starting at 1pm.

The quote is in the court's document. The summary is not checked yet.

Page 1 | SETTINGS DURING THE COURT'S JURY WEEKS:

Adjournment & Extension Requirements

MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.

MTEs set sua sponte from the bench may not be dropped by the parties, unless the parties reschedule the setting with the 438th court clerk or the parties notify the 438th court clerk via email (jessica.agonzalez@bexar.org) that an agreed-to form order shall be forthcoming by a date certain.

The quote is in the court's document. The summary is not checked yet.

Page 1 | GENERALLY:

Even agreed resets of a summary judgment hearing must comply with the 60-day statutory deadline, and resets within the 90-day deadline require the movant's consent or good cause.

Agreed resets must still comply with the statutory 60-day deadline. Resets within the 90-day deadline will be considered on movant's consent or if good cause is determined by the Court.

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Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

To reschedule a summary judgment setting, a party must obtain leave to drop the setting, confirm the reset with the Court Clerk, contact the Clerk for available dates, confer with opposing counsel or any self-represented party, and file a notice of hearing with the confirmed date and time, time announcement, and reason for the change.

No setting may be dropped without leave of Court. All resets must be confirmed with the Court Clerk before filing a notice. A party requesting a different date must: 1. Contact the Court Clerk for available dates within the statutory limits; 2. Confer with opposing counsel or any self-represented party; 3. File a notice of hearing identifying the confirmed date and time, time announcement, and reason for the requested change. The Court will determine whether the requested setting is appropriate.

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Page 1 | NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Chambers Communication Rules

Disputes over the form of an order must be set by a Motion to Enter Order (MTE) with the 438th District Court and may not be litigated via email with the court.

If there is a dispute over the form of an Order to be entered, set the dispute by way of a Motin to Enter the Order (MTE) with the 438th District Court. DO NOT attempt to litigate the form of an order to be entered via email with the court.

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Page 1 | GENERALLY:

Parties may notify the 438th court clerk via email at jessica.agonzalez@bexar.org that an agreed-to form order will be forthcoming by a date certain.

the parties notify the 438th court clerk via email (jessica.agonzalez@bexar.org) that an agreed-to form order shall be forthcoming by a date certain

The quote is in the court's document. The summary is not checked yet.

Page 1 | GENERALLY:

The court prefers Zoom appearances for MTE hearings; contact the court at (210) 335-0448 for the Zoom meeting ID.

The court prefers ZOOM appearance for MTEs. Please contact the court for the Zoom meeting ID at (210) 335-0448.

The quote is in the court's document. The summary is not checked yet.

Page 1 | GENERALLY:

Court-wide rules

Applies court-wide

These 161 rules apply across Bexar County Civil District Courts. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 56
  • Applies to
    Mileage reimbursement request

    Mileage reimbursement requires supporting documentation.

  • Applies to
    Agreed submitted order

    The agreed submitted order must state the time announcement for trials scheduled on red-listed dates.

  • Applies to
    Notice of setting
    Must include
    judge name

    The Notice of Setting must include the Presiding Court Zoom ID information and the name of the Visiting Judge that previously heard the matter.

E-Filing

All 24
  • Applies to
    Order

    When e-filing orders, filers must leave specific routing instructions in the comment section or the order will be accepted as a Proposed Order but not routed for signature.

  • Applies to
    Order

    When e-filing matters for the Presiding 8:30 am, 9:00 am, Tax, or Expunction dockets, the comment section must state Presiding, the specific docket, and the docket date.

  • Applies to
    Order

    When e-filing matters assigned out of Presiding to a sitting District Court Judge (including summary judgment hearings), the comment section must state the assigned court and the hearing date.

Filing Timing

All 23
  • Deadline
    60 calendar days

    All vouchers must be submitted within 60 calendar days of the hearing or service rendered.

  • For the 1:30 Walk-up Docket, orders must be filed before appearing in court, pleadings must already be accepted, and the order's envelope number must be available when approaching the judge.

  • Attorneys should give staff an envelope number rather than a case number and must confirm the envelope has been accepted by Civil Filing before approaching Presiding Court for the walk-up docket.

Communication

All 23
  • Contact
    Email

    After e-filing a matter for a visiting judge, the filer must email the envelope number to the visiting judge (who will provide their email address) to ensure timely signing.

  • Contact
    Phone to clerk
    Phone
    210-335-2621

    Questions about filings may be directed to Civil Filing at 210-335-2621.

  • Contact
    Phone to clerk
    Phone
    (210) 335-2300

    The Office of Civil District Courts Administration is located on the 5th Floor and can be reached by phone at (210) 335-2300.

About Judge Rosie Alvarado

Rosie Alvarado is a district judge in the Bexar County Civil District Courts, which hear civil matters in Bexar County, Texas.

The judge's published procedures are available in documents numbered 47381 and 56275, and in a document for the 438th Civil District Court.

Common questions about Judge Rosie Alvarado's rules

Are courtesy copies required for Judge Rosie Alvarado?

Courtesy-copy rule applies for rule 56. Details: 1 copy, delivery no later than 7 days before hearing, by email. Parties must email the Court a complete electronic courtesy copy of the summary judgment motion, response, reply, and supporting exhibits no later than seven days before the hearing.

View ruleSource: page 1, section NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

Does Judge Rosie Alvarado require a pre-motion conference or letter before filing a motion?

Judge Rosie Alvarado's rules set a pre-motion procedure for motion to enter order. Before setting any MTE, parties must contact the court for available dates and confer with the opposing pro se party or counsel on those dates before filing the setting.

View ruleSource: page 1, section GENERALLY:

What must be included with unagreed motion setting filings before Judge Rosie Alvarado?

The rule requires certificate of conference. Any unagreed-upon MTE setting must include a certificate of conference.

View ruleSource: page 1, section GENERALLY:

How may parties contact Judge Rosie Alvarado's chambers?

The rule addresses email communications with Judge Rosie Alvarado's chambers. Disputes over the form of an order must be set by a Motion to Enter Order (MTE) with the 438th District Court and may not be litigated via email with the court.

View ruleSource: page 1, section GENERALLY:

How do I request an adjournment or extension before Judge Rosie Alvarado?

Advance notice is not fully stated in the structured details. MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.

View ruleSource: page 1, section GENERALLY:

What filing deadlines does Judge Rosie Alvarado set?

Motions for summary judgment must be set for hearing by oral argument or submission within 60 days of the motion's filing date.

View ruleSource: page 1, section NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT

What rule applies to service for courtesy copy email before Judge Rosie Alvarado?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email, recipient: all parties. The courtesy copy email to the Court must copy all counsel of record and self-represented litigants.

View ruleSource: page 1, section NOTICE REGARDING SETTINGS FOR MOTIONS FOR SUMMARY JUDGMENT
Complete rules summary for Judge Rosie Alvarado

Disputes over the form of an order must be set by a Motion to Enter Order (MTE) with the 438th District Court and may not be litigated via email with the court.

Before setting any MTE, parties must contact the court for available dates and confer with the opposing pro se party or counsel on those dates before filing the setting.

Any unagreed-upon MTE setting must include a certificate of conference.

Each MTE hearing is limited to 15 minutes.

The court prefers Zoom appearances for MTE hearings; contact the court at (210) 335-0448 for the Zoom meeting ID.

Parties must meaningfully confer before an MTE hearing, including exchanging the proposed order and proposed changes, or risk the MTE being reset or being ordered to confer in a Zoom breakout room.

The court prefers one party to draft the order with the other submitting visible redline edits shareable via Zoom screen share, and disfavors two competing orders though it recognizes this is sometimes necessary.

MTEs set sua sponte from the bench may not be dropped by the parties unless they reschedule with the 438th court clerk or email the clerk that an agreed-to form order will be forthcoming by a date certain.

Parties may notify the 438th court clerk via email at jessica.agonzalez@bexar.org that an agreed-to form order will be forthcoming by a date certain.

During the court's jury weeks, no MTE settings are permitted on Mondays or on Tuesdays following a Monday court holiday.

During jury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm, subject to the court's availability.

During the court's nonjury weeks, no MTE settings are permitted on Mondays or Fridays.

During nonjury weeks, MTE settings are permissible on the remaining weekdays starting at 1pm and 1:30pm, subject to the court's availability.

MTEs requiring up to 30 minutes may only be set during nonjury weeks starting at 4:30pm, subject to the court's availability.

Motions for summary judgment must be set for hearing by oral argument or submission within 60 days of the motion's filing date.

Summary judgment hearings may be set within 90 days of the filing date if required by the Court's docket, for good cause, or with the movant's consent.

The Court must issue a written ruling on a summary judgment motion no later than 90 days after the motion is heard or submitted.

The statutory deadlines do not apply to withdrawn motions; if a motion is withdrawn and refiled, the deadlines are calculated from the new filing date.

Summary judgment motions are set and heard by the 438th District Court (not the Presiding Court), with the Clerk selecting a hearing date within 35-60 days of filing and entering settings into Odyssey.

The Court Clerk will provide notice of the selected summary judgment hearing date by email to all parties on file.

Even agreed resets of a summary judgment hearing must comply with the 60-day statutory deadline, and resets within the 90-day deadline require the movant's consent or good cause.

To reschedule a summary judgment setting, a party must obtain leave to drop the setting, confirm the reset with the Court Clerk, contact the Clerk for available dates, confer with opposing counsel or any self-represented party, and file a notice of hearing with the confirmed date and time, time announcement, and reason for the change.

Parties must email the Court a complete electronic courtesy copy of the summary judgment motion, response, reply, and supporting exhibits no later than seven days before the hearing.

The courtesy copy email to the Court must copy all counsel of record and self-represented litigants.

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