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Submission Guidelines and Procedures

1. All matters that may be submitted by agreement of all parties may be submitted to the Court without need of a hearing. On such fully agreed matters, the Court will sign the Order on presentment without a submission period. Such matters must show the signatures of all counsel or pro se parties. The heading of the motion shall state that it is agreed. For example, "Agreed Motion for Extension of Time for Mediation."

2. Matters that are labeled Unopposed, although not agreed, may be submitted to the Court without need of a hearing. By representing a matter as unopposed, counsel is certifying to the Court that opposing counsel is aware of the matter and has no objection to its entry. The Court will sign the Order on presentment after a 3-day submission period. The heading of the motion shall state that it is unopposed. For example, "Unopposed Motion for Substitution of Counsel."

3. In this subsection, "filing" refers to the date of the filing of the Notice of Submission.  Other motions and applications that may be submitted to the Court without a hearing, and the time periods required for submission, are as follows:

a. Summary Judgment: 30-days after filing for both standard and no-evidence motions for summary judgment. This will allow the 21-day notice, plus additional time for weekends, holidays and mailing to take effect.  Click here to see the page on this site for additional information on motions for summary judgment.

b. Continuance: 10-days notice after filing.

c. Substitution of Counsel: 3-days notice after filing.  If substitution will affect any hearing or trial setting, 10-days notice will be required.

d. Motion To Withdraw: Without client consent: 10-days notice after filing.  With signed client consent:  immediate submission.

e. Motion for Entry of Order: 10-days notice after filing

f. Special Exceptions: presentment without hearing:  10-days notice after filing

g. Substituted Service: Immediate submission

h. Citation by Publication: Immediate submission

i. Appointment of Ad Litem: Immediate submission

j. Motion for Leave to Designate Responsible Third Party:  10-days after filing

k. Nonsuit or Dismissal: Immediate submission. This is predicated on the motion being filed by the party seeking affirmative relief. Counsel is presumed to know whether the opposing side has pleadings on file seeking affirmative relief.

l. Ex parte matters: When service has not been effected or prior to an appearance, ex parte matters may be submitted immediately to the Court for consideration. The Court will determine whether a hearing will then be required and notify the requesting party accordingly.

m. Default Judgments:  3-days notice after filing of the Motion, with the Motion submitted at any time following 15-days after the answer date.  The reason for the delay after answer date is to insure that all probable methods of delivery of a response have been exhausted.  The moving party may use a Notice of Submission or a letter of submission to bring the matter to the Court’s attention.  Please provide your proposed order along with your Motion for Default Judgment.

n. Tax Cases and Application for Excess Proceeds Click here. 

o. Other matters: With consent of the Court.

4. Failure to file a response within the submission time period may be considered a representation of no opposition to the motion or matter. Responses must be in the Clerk’s file prior to the submission date or they will not be considered.

5. Please see Court Quirks on this Web site regarding certificates of service on all pleadings. Failure to properly notify opposing counsel of a submitted matter may result in imposition of sanctions and costs on the offending party and counsel.

6. After consideration of submitted matters the Court may elect to set a hearing on the matter. In that event, the Court Coordinator will attempt to set a mutually acceptable date for the hearing, as soon as practicable. Due to the limited docket days in rural counties, that is not always possible.

Click here for sample Notice of Submission