Texas Motion Filing Checklist

Texas Motion Filing Checklist

Court: [________________________________] District Court

County: [________________________________], Texas

Cause Number: [________________________________]

Case Style: [________________________________] v. [________________________________]

Motion Type: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Notice Requirements (TRCP 21)

Notice of Hearing

☐ Reasonable notice required
☐ Minimum 3 days notice before hearing (TRCP 21)
☐ Notice method:
☐ E-service (most common)
☐ Fax
☐ Mail (add 3 days)
☐ Hand delivery

Service Date Calculation

☐ Hearing date: [__/__/____]
☐ Service deadline: [__/__/____]

II. Motion Document Requirements

Motion Format

☐ Caption with court, county, cause number
☐ Title: "Motion for [________________________________]"
☐ Statement of grounds
☐ Legal authority cited
☐ Prayer for relief
☐ Attorney signature block
☐ State Bar number
☐ Certificate of service

Brief/Memorandum of Law

☐ Brief required: ☐ Yes ☐ No
☐ Check local rules for page limits
☐ Statement of facts
☐ Legal argument
☐ Conclusion

Supporting Affidavits/Declarations

☐ Affidavit requirements:
☐ Based on personal knowledge
☐ Facts stated
☐ Sworn and notarized
☐ Unsworn declarations permitted (CPRC § 132.001)

Exhibits

☐ Exhibits attached
☐ Properly labeled
☐ Referenced in motion/affidavit

Proposed Order

☐ Proposed order prepared
☐ Caption included
☐ Ruling language
☐ Signature line for judge
☐ Date line blank

III. Common Motion Types

Summary Judgment (TRCP 166a)

☐ No-evidence motion (TRCP 166a(i))
☐ Filed after adequate time for discovery
☐ Identifies elements lacking evidence
☐ Traditional motion (TRCP 166a(c))
☐ Evidence establishes no genuine issue of material fact
☐ Movant entitled to judgment as a matter of law
☐ 21 days notice required
☐ Response due: 7 days before hearing

Special Exceptions (TRCP 91)

☐ Points out defects in pleading
☐ Specific defects identified
☐ Reasonable notice of hearing

Motion to Dismiss

☐ Grounds stated
☐ TRCP 91a (no basis in law or fact)
☐ 21 days notice before hearing (TRCP 91a)
☐ Response due: 10 days before hearing

Motion to Compel Discovery

☐ Discovery sought identified
☐ Inadequate response shown
☐ Conferral requirement met
☐ Certificate of conference filed

Motion for Continuance (TRCP 251-254)

☐ Good cause shown
☐ Affidavit of movant
☐ Specific reasons stated
☐ Due diligence shown

IV. Certificate of Conference

Requirement

☐ Many motions require conferral
☐ Good faith effort to resolve
☐ Certificate of conference included in motion

Certificate Language

☐ Opposing counsel contacted
☐ Position of other side stated
☐ Efforts to resolve documented

V. E-Filing

E-Filing Requirements

☐ E-file via approved provider
☐ PDF format
☐ All documents properly attached
☐ Certificate of service included

Setting Hearing

☐ Contact court coordinator
☐ Obtain available hearing date
☐ Notice of hearing filed

VI. Local Rules

County: [________________________________]

☐ Local rules reviewed
☐ Submission procedures checked
☐ Briefing requirements verified
☐ Hearing procedures reviewed
☐ Page limits noted

VII. Hearing Procedures

Before Hearing

☐ Confirm hearing date and time
☐ Check for tentative ruling (if applicable)
☐ Prepare oral argument
☐ Bring copies of pleadings and authorities

At Hearing

☐ Check in with coordinator
☐ Present argument
☐ Address court's questions

After Hearing

☐ Submit proposed order (if not already submitted)
☐ Comply with any court orders
☐ Calendar deadlines from ruling

VIII. Response to Motions

Response Requirements

☐ Timely response
☐ Response deadline: [__/__/____]
☐ Response brief (if required)
☐ Counter-affidavits
☐ Certificate of service

Reply (if applicable)

☐ Reply deadline: [__/__/____]
☐ Limited to new issues in response

IX. Quality Control Checklist

Before Filing

☐ Proper motion type identified
☐ Legal grounds stated
☐ Supporting evidence attached
☐ Certificate of conference included
☐ Proposed order prepared
☐ Certificate of service prepared
☐ Hearing arranged (if required)

After Filing

☐ Confirmation of filing
☐ Hearing confirmed
☐ Response deadline noted
☐ Client informed

X. Document Tracking Log

XI. Key Deadlines

Sources and References

• Texas Rules of Civil Procedure: https://www.txcourts.gov/rules-forms/rules-standards/
• Local Court Rules: [Court Website]
• eFileTexas: https://efiletexas.gov

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]