An Introduction to the Local Rules of Harris County
Understanding local rules in Harris County, Texas, is of utmost importance for residents, legal professionals, and anyone associated with the county court system. Local rules, which are regulations and guidelines specific to a particular jurisdiction, act as a supplementary body of law that are unique to a community’s needs and practices. Not only do these rules govern the administration of court business, but they also serve to identify procedures and protocols unique to their area.
On the surface, rules seem to be put in place to create too many restrictions and to stifle us from being creative litigators, conducting business in our own way. But this is so far from the truth. These rules were born of necessity from the conditions of their respective jurisdictions. To turn a blind eye to their existence would be counterproductive – it would be akin to disregarding traffic lights and speed limits when driving on a local road. If we choose to ignore them, we cause havoc and confusion. Going through motions is so not the issue the concern here. It’s about understanding them to avoid confusion. Just can’t get enough of knowing the rules for our daily lives we must operate under.
The Harris County District Courts and Civil Courts have both established locally tailored rules; both of these sets of rules and their amendments can be located at Local civil rules of Harris County, Texas and the Houston Civil Court Rules.
The Harris County Family Courts (effective August 1, 2006) have adopted the Harris County Family Court Rules. They can be found here: Local Rules for Harris County Family Courts
The Harris County Juvenile Court also maintains a set of rules. They can be found at Juvenile Court Rules.
If you haven’t done so , please read the General Instructions for use when using these sets of rules.
The basic principal behind these rules is the need to have procedures in the local jurisdiction that differ from either the Texas Rules of Civil or Criminal Procedure, or the Texas Family Code. These rules do not take the place of the other bodies of law, they simply supplement them. You will note that when reading the general instructions for use, they do not make any attempts to recreate the laws. They work within the confines of the otherwise existing laws. We always say, "If it ain’t broke, don’t fix it." The rules attempt to manage the same ideas.
You will notice that these rules were made because some things just aren’t working right and in an attempt to fix them, these rules were made. They are what we have seen, and what we have experienced help things work a little smoother and without frustration and misunderstanding for all attorneys and litigants. Some of the rules aren’t quite in-line with the Local Rules of Harris County. Where possible, we encourage you to follow the Local Rules of Harris County and the District Courts.
In most circumstances, following these rules will lead to a much more pleasant experience from beginning to trial. And on the off occasion you find that you need to distinguish from them for some reason, you likely will have a good reason and others will understand your position. You will have knowledge that can get you into trouble and some knowledge that will keep you from getting into trouble.
Where Do Local Rules Apply?
Harris County’s local rules codify the procedures followed in the Court system for key cases such as civil lawsuits, family and probate matters. It’s important to note that Harris County has its own set of distinctive local rules for each area of the law, and that each type of case typically falls under the jurisdiction of one of three different Groups of Courts. These include:
• Group 1: Criminal, Tort, Admiralty, Gran Jury, and Forfeiture
• Group 2: Business Or Commercial, Juvenile, District, and Master
• Group 3: Family, Probate, Masters, and Select
When it comes to the most major areas of the law, the local rules delineate the following rules:
Civil Law
Harris County has a set of rules that govern civil procedure. These rules cover virtually every type of legal dispute, from breach of contract to wrongful death. Because civil law is so comprehensive, the Texas legislature has also enacted certain rules and statutes that affect these cases. Many of these laws grant plaintiffs and defendants the right to go to a jury trial, and limit the types of damages that can be recovered.
Family Law
The Texas Family Code outlines the general family law rules, while the Harris County local rules go one step further and specify the procedures in effect in each Family District Court. These rules cover everything from divorce to child custody and support to adoption. They cover matters frequently brought to court, such as suits for divorce, suits for protective order, proceedings to adjudicate parentage, suits to establish child support and child custody, interrelated motions, enforcement motions, and change of name proceedings.
Probate
The Harris County probate rules are designed to govern the admission and rejection of wills, orders to determine heirships, administration of wills and estates, guardianship proceedings, and related matters. Generally speaking, a probate case may involve multiple parties with potentially complex familial relationships, such as intestate succession. The Harris County probate rules simplify these complicated procedures.
How to Navigate the Local Court System
Like many major metropolitan areas, Harris County is home to multiple courts and has seen significant growth in recent years. In 2018, the Harris County District Courts had a total of 38,459 civil cases filed. A non-partisan report published by the Texas Legislative Council in April 2019, addressed the need for increased space for the 113th District Court and the 152nd District Court. Furthermore, the Greater Houston Partnership recently released a report demonstrating that the Houston area is the fastest growing in the U.S. within the past decade.
The increase in population within Harris County means it will take more time to clear the dockets of local courts. Such a delay in resolution can be frustrating for litigants, highlight the importance of resolving cases quickly and efficiently, and create additional opportunities for parties and their counsel to be aware of potential pitfalls and rules that can impact court procedures.
The Harris County District Courts and Courts at Law have specific local rules that address a wide range of concerns, including: alternative dispute resolution, discovery, depositing excessive funds, specific procedures regarding applications for writs of garnishment, and jury instructions. Some of these rules vary from the Texas Rules of Civil Procedure, the rules of the Supreme Court of Texas, or local rules of other counties, while others do not. Therefore, additional review of local rules should be undertaken when you commence suit or represent a party in a suit as the county of suit can change the rules of the game.
Recent Amendments to the Local Rules
Harris County’s Civil District Court Local Rules were updated in July 2019, and a few amendments took effect in August 2019. The changes, however, weren’t made to the rules that were published in the online version of the Harris County District Court Local Rules. Currently, the online rules state: "The present Local Rules adopted on January 1, 2017, will remain in effect until further notice." The actual rules and local procedures of the Harris County District Courts, however, seem to be slightly different. In the new rules, Harris County removed Local Rule 1.2(A), which reads, "This rule applies to all cases filed on or after September 1, 2017." This indicates that, there has been substantial activity with the local rules since 2017, giving attorneys pause about the county’s legal procedures for upcoming trials. The Harris County District Court Local Rules also updated its rules on April 1, 2018. With the county’s online local rules seemingly including new rules as far back as 2017 , attorneys should take a close look at all amendments from the past couple of years to fully understand what local rules could impact their proceedings.
Chapters 4 and 5 of the new local rules cover hearings and obtaining pleas, respectively, but the online version of the rules also includes Local Rule 5.7(c) concerning motions for new trial, which the county removed. Other rules which have only a minor substance have been added.
Jury charges and juror disqualification are covered under Chapters 6 and 7 of the revised local rules. It’s important to diligently review these new local rules for "request to charge the jury" litigators because the deadlines concerning notices and motions for juror disqualification have significantly changed.
Records handling, including discovery and civil practice remedies, are covered under Chapters 12 and 14 of the new local rules, but the online version contains language inconsistent with the local rules which were uploaded in August 2019.
Additional Resources
The Harris County, Texas website provides a vast array of legal resources and information. For official links to Harris County courts and their respective county rules, visit the Harris County Courts website. The Harris County Clerk and Harris County District Clerk websites contain important information about the filing of documents and fees. The Harris County Law Library is an invaluable resource for researchers, students, and professionals. It has an extensive collection of both electronic and print materials, including information on local rules and procedures. Local legal aid organizations such as Houston Volunteer Lawyers or Lone Star Legal Aid provide support services to low- and moderate-income residents of Harris County in a variety of practice areas , including some technical assistance surrounding self-represented litigants and the local rules. The State Bar of Texas Legal Access Division provides free legal resources to the public. It primarily focuses on self-help resources and newsletters that address a range of legal topics, including resources related to court rules and procedures. Local legal experts or attorneys can also provide assistance regarding local court rules. Our team here at the Mayer Brown Houston office consists of many local legal experts.