Judge Dusty Fillmore
Individual Rules, Standing Orders & Policies
Document Filing Requirements10 rules
Checked against the court's document on Oct 1, 2026Mandatory
When parties report for trial, they must deliver a witness list and exhibit list to the court and other parties.
At the time the parties report for trial they will deliver to the Court and the other parties a witness list, exhibit list, any motion in limine and any requested instructions and questions if a jury trial and proposed findings of fact and conclusions of law if a non-jury trial.
Document Type
Trial Witness List
Checked against the court's document on Oct 1, 2026Mandatory
Before noticing an oral deposition, the initiating party must confer or adequately attempt to confer with opposing counsel about the deposition date, time, place, and materials, and the written notice must include the prescribed conference language; failure may result in quashing the deposition.
A party initiating an oral deposition shall first attempt to communicate with opposing counsel to determine whether agreement can be reached as to date, time, place and material, to be furnished at the time of deposition. Any written notice of deposition shall state as follows: "A conference was held (or attempted) with the attorney for opposing party to agree on a date, time, place and materials to be furnished. Agreement could not be reached (or counsel will not respond) and the deposition is therefore being taken pursuant to this notice (or Agreement was reached and this notice complies with the agreement)." Failure to hold such conference or to make adequate attempt to hold such conference prior to noticing a deposition shall be grounds to quash the deposition.
Document Type
Deposition Notice
Checked and corrected to match the court's document on Oct 1, 2026Mandatory
A proposed order authorizing private service under Rule 103 must be accompanied by a counsel-signed certificate identifying the person to be authorized and affirming that the person is at least 18, is not a party, and has no interest in the outcome.
Any proposed order authorizing private service under Rule 103 will not be signed by the judge unless accompanied by a certificate signed by counsel requesting such an appointment. Such certificate shall set out the name and address of the person to be so authorized and affirm that such person is not less than eighteen (18) years of age, is not a party, ===== PAGE 6 ===== and has no interest in the outcome of the suit in which the authorization is sought.
Document Type
Proposed Order
Checked against the court's document on Oct 1, 2026Mandatory
Every ex parte relief application must include a certificate signed by counsel stating that the opposing party is unrepresented, that opposing counsel was notified and given an opportunity to be heard, or that diligent notice attempts were unsuccessful and further attempts are not permitted.
Every application for relief ex parte shall contain a certificate signed by counsel that: (1) To the best of his or her knowledge that party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought; or, (2) Counsel for the party against whom relief is sought ex parte has been notified of the application and has stated whether he or she wishes to be heard; or, (3) Diligent attempts to notify counsel for the party against whom ex parte relief is sought have been unsuccessful, and the circumstances do not permit additional efforts to give notice.
Document Type
Ex Parte Application
Checked against the court's document on Oct 1, 2026Mandatory
A motion seeking affirmative relief must be accompanied by a proposed order or have the order brought to the hearing.
All filed motions seeking affirmative relief from the court will either be accompanied by an Order in such form as to grant or deny the motion, or said Order will be brought to the hearing on the motion.
Document Type
Motion
Checked against the court's document on Oct 1, 2026Mandatory
Whenever listed discovery material is retained or sent to another party, a signed Certificate of Written Discovery must be filed identifying the document, its recipients, and the service date.
(3) Sign and file A Certificate entitled "Certificate of Written Discovery" with the Clerk whenever discovery materials listed in Rule 1.07 (b) are retained and/or sent to another party. The certificate may list more than one document. The certificate shall identify: 1. the document containing the discovery material, 2. counsel or parties to whom the document is sent, and 3. the date the discovery response or related matter is served on other counsel or parties.
Document Type
Certificate Of Written Discovery
Checked against the court's document on Oct 1, 2026Mandatory
The original or an exact copy of listed discovery material must be retained during the case and related appellate proceedings and for one year afterward, with a Certificate of Written Discovery signed and filed when necessary.
(2) Retain the original or exact copy of the discovery responses and related material listed in Rule 1.07 (b) while the case and any related appellate proceedings are pending and for one year thereafter, and sign and file a Certificate of Written Discovery with the clerk when necessary.
Document Type
Certificate Of Written Discovery
Not confirmed. Read the court's wording below.Mandatory?
No motions, objections or special exceptions will be set for hearing unless the moving party shall have certified in such motion or in a letter substantially the following:
Summary: A motion, objection, or special exception may not be set for hearing unless the moving party includes a substantially specified conference certification in the motion or a separate letter.
Document Type
Motion Or Letter
Not confirmed. Read the court's wording below.Important?
All requirements of these rules applicable to attorneys or counsel apply with equal force to pro se litigants. Pro se litigants are required to provide address and telephone listings at which they can be reached by Court personnel and opposing counsel.
Summary: All attorney requirements apply equally to pro se litigants, who must provide reachable address and telephone listings.
Document Type
Pro Se Filing Information
Not confirmed. Read the court's wording below.Note?
Section (b) of this Rule does not pertain to dispositive motions, e.g., Motions for Summary Judgment, Motions to Dismiss and Special Exceptions seeking to dismiss a cause of action, or a Motion for New Trial.
Summary: The conference-certification requirement in subsection (b) does not apply to dispositive motions, including summary-judgment, dismissal, cause-of-action dismissal, and new-trial motions.
Requirement
Document requirement
Filing & Service rules
Electronic Filing Rules
Documents accompanying a Business Records Accompanied by Affidavit must not be filed.
1. Rule 902(10). Affidavit in connection with "Business Records Accompanied by Affidavit" [The documents accompanying the Affidavit are NOT to be filed. See 1.07(b) (2)].
Not confirmed. Read the court's wording below.
Page 5 | Rule 1.07: Filing Responses to Discovery
Documents attached to an Affidavit Concerning Cost and Necessity of Services must not be filed.
1. Sec. 18.001. Affidavit in connection with "Affidavit Concerning Cost and Necessity of Services." [Documents attached to the Affidavit are NOT to be filed. See 1.07(b) (3)].
Not confirmed. Read the court's wording below.
Page 5 | Rule 1.07: Filing Responses to Discovery
Discovery documents and related materials must not be filed with the clerk unless the court enters a special order.
(b) The following discovery documents and related materials SHALL be served upon all other lead counsel or parties in accordance with the Texas Rules of Civil Procedure and the Texas Civil Practice and Remedies Code, but SHALL NOT BE FILED with the clerk except on Special Order.
Not confirmed. Read the court's wording below.
Page 5 | Rule 1.07: Filing Responses to Discovery
Documents accompanying Business Records Accompanied by Affidavits must not be filed.
1. Rule 902(10). "Business Records Accompanied by Affidavit." Documents accompanying these Affidavits are NOT to be filed.
Not confirmed. Read the court's wording below.
Page 6 | Rule 1.07: Filing Responses to Discovery
Documents accompanying Affidavits Concerning Cost and Necessity of Services must not be filed.
1. Sec. 18.001. "Affidavit Concerning Cost and Necessity of Services." Documents accompanying the Affidavit are NOT to be filed.
Not confirmed. Read the court's wording below.
Page 6 | Rule 1.07: Filing Responses to Discovery
The listed discovery material must not be filed with the clerk unless a special order permits filing.
(1) Serve upon all other lead counsel or parties, discovery material listed in Rule 1.07 (b) as required therein; but the same shall NOT be filed with the Clerk except on Special Order.
Not confirmed. Read the court's wording below.
Page 6 | Rule 1.07: Filing Responses to Discovery
Filing Timing and Cure Windows
An application must be filed with the clerk and assigned to a court before it is presented to a judge, except when filing beforehand is impossible, in which case it must be filed as soon as possible afterward and the clerk must be notified of the judge’s actions.
No application for action or relief of any kind shall be presented to a judge until the application or case has been filed with the clerk and assigned to a court, unless it is impossible to do so. If it is impossible to file an application or case before it is presented to a judge, then it shall be filed as soon thereafter as possible, and the clerk notified of all actions taken by the judge.
Checked against the court's document on Oct 1, 2026 · Civil cases
Page 5 | Rule 3.30: Matters Requiring Immediate Action
A court must give notice of its intention to dismiss a case for want of prosecution at least 30 days before signing the resulting dismissal order.
The courts will periodically give notice of their intention to dismiss for want of prosecution. Such notice will be give at least thirty (30) days prior to the signing of consequent dismissal order.
Checked against the court's document on Oct 1, 2026 · Civil cases
Page 6 | Rule 3.90: Dismissal for Want of Prosecution
Service and Proof of Service Rules
Unless otherwise agreed or ordered, counsel must make qualifying trial videos available and serve page-and-line designations at least 14 days before trial when the recordings were taken at least 45 days before trial; the rule does not apply to materials offered solely for impeachment.
Unless otherwise expressly agreed to by the parties or ordered by the Court, counsel intending to offer videotaped depositions, or other films or videotapes at trial, except those offered solely for impeachment, must make such videotapes and films available to opposing counsel, and serve opposing counsel with page and line designations for videotaped depositions, not later than fourteen (14) days prior to trial for all depositions or other films taken forty-five (45) days or more in advance of trial.
Checked and corrected to match the court's document on Oct 1, 2026 · Civil cases
Page 2 | Rule 3.03: Trial Procedure
The proffering attorney must serve opposing counsel with page-and-line designations for any further intended trial portions no later than 7 days before trial.
The proffering attorney shall then serve opposing counsel with page and line designations of any portion of the videotape deposition they further intend to introduce at trial not later than seven (7) days prior to trial.
Checked and corrected to match the court's document on Oct 1, 2026 · Civil cases
Page 2 | Rule 3.03: Trial Procedure
Immediately after receiving the hearing date and time, the moving party must notify all other parties in writing of the date, time, and subject and provide a copy to the Court Coordinator.
Upon receiving the date and time of hearing, the moving party shall immediately notify all other parties in writing as to the date, time and subject matter of the hearing. A copy of this communication shall be provided to the Court Coordinator.
Checked and corrected to match the court's document on Oct 1, 2026 · Civil cases
Page 3 | Rule 3.06: Motion Practice (c)
The listed discovery responses and related material must be served on all other lead counsel or parties and filed with the Clerk.
The following discovery responses and related material SHALL be served upon all other lead counsel or parties and filed with the Clerk in accordance with the Texas Rules of Civil Procedure and the Texas Civil Practice and Remedies Code;
Checked against the court's document on Oct 1, 2026
Page 4 | Rule 1.07: Filing Responses to Discovery
Discovery documents and related materials must be served on all other lead counsel or parties but must not be filed with the clerk absent a special order.
(b) The following discovery documents and related materials SHALL be served upon all other lead counsel or parties in accordance with the Texas Rules of Civil Procedure and the Texas Civil Practice and Remedies Code, but SHALL NOT BE FILED with the clerk except on Special Order.
Checked and corrected to match the court's document on Oct 1, 2026
Page 5 | Rule 1.07: Filing Responses to Discovery
A deposition notice providing less than ten calendar days is presumptively unreasonable under the cited Texas rules.
Notice of less than ten (10) calendar days under Rules 21a and 199.2(a), Texas Rules of Civil Procedure, shall be presumed to be unreasonable.
Checked and corrected to match the court's document on Oct 1, 2026 · Civil cases
Page 4 | Rule 3.11: Deposition Guidelines (a)(5)
The clerk must provide notice of the court’s intention to dismiss for want of prosecution by complying with Paragraph (1) of Texas Rule of Civil Procedure 165a.
The clerk shall provide notice of the court's intention to dismiss for want of prosecution by complying with the provisions of Paragraph (1) of Rule 165a of the Texas Rules of Civil Procedure.
Checked against the court's document on Oct 1, 2026 · Civil cases
Page 6 | Rule 3.90: Dismissal for Want of Prosecution
Opposing counsel must serve the proffering attorney with page-and-line designations for intended portions of a videotaped deposition no later than 10 days before trial.
Opposing counsel shall then serve the proffering attorney with page and line designations of any portion of the videotape deposition they intend to introduce at trial not later than ten (10) days prior to trial.
Not confirmed. Read the court's wording below. · Civil cases
Page 2 | Rule 3.03: Trial Procedure
Videos taken within 45 days of trial must be made available and the required designations served as soon as possible and sufficiently before trial for an objection hearing.
All videotaped depositions and other films taken within forty-five (45) days of trial must be made available, and the aforementioned designations made, as soon as possible to opposing counsel and sufficiently in advance of trial so that a hearing on any objections can be held before commencement of trial.
Not confirmed. Read the court's wording below. · Civil cases
Page 2 | Rule 3.03: Trial Procedure
A responding party or discovery initiator must serve the listed discovery material on all other lead counsel or parties and must not file it with the clerk absent a special order.
(1) Serve upon all other lead counsel or parties, discovery material listed in Rule 1.07 (b) as required therein; but the same shall NOT be filed with the Clerk except on Special Order.
Not confirmed. Read the court's wording below.
Page 6 | Rule 1.07: Filing Responses to Discovery
A pro se litigant’s failure to accept or retrieve mailed documents constitutes constructive receipt, which may be proved by a postal receipt or comparable proof of delivery.
Failure to accept delivery or to pick up mail addressed to the address provided by a pro se litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delivery.
Not confirmed. Read the court's wording below.
Page 2 | Rule 1.02: Parties Proceeding Pro Se
Discovery responses and related material identified as optional must be served but may be filed.
those denoted [OPTIONAL] SHALL be served, and MAY be filed, accordingly
Not confirmed. Read the court's wording below.
Page 4 | Rule 1.07: Filing Responses to Discovery
Adjournment & Extension Requirements
A continuance requires the Court's consent and generally must be filed by the Wednesday and heard at 2:00 p.m. on the Thursday preceding trial, while continuance motions based on later-occurring facts must be filed as soon as possible and scheduled by the Court.
A trial date cannot be postponed or changed without the consent of the Court. Except as hereinafter provided and unless otherwise set by the Court, any motion for continuance will be filed no later than the Wednesday preceding the trial date and will be heard by the Court in the courtroom at 2:00 p.m. on the Thursday preceding the trial date. Any motion for continuance based upon facts which occur on or after the Wednesday preceding the trial date will be filed as soon as possible and will be heard at a time to be set by the Court.
Checked against the court's document on Oct 1, 2026 · Civil cases
Page 1 | Rule 3.02: Motion for Continuance