270th COURT POLICIES AND PROCEDURES
Any party requesting an oral hearing for the motion docket should use our E-Hearing Process. You can go to www.hcdistrictclerk.com; Online Services; My Filings. It allows the party to select a date and time without contacting the court. When selecting a date please stay with-in the courts 30 day window to select a date.
There can ONLY be (1) motion set per each 15 minute setting slot. If you have (2) motions needing settings you will need (2) time slots.
The 270th Court does not have a Submission Docket. It is suspended until further notice. All motions need to be set using our E-Hearing System.
CERTIFICATE OF CONFERENCE:
A certificate of conference is required on all motions, pleas, and special exceptions EXCEPT for:
Motions for voluntary dismissal or non-suit
Motions involving service of citation
Writ of Sequestration
The movant must confer person-to-person with opposing counsel before the
Court will consider a motion that requires a conference. The Court will pass
motions that do not have a certificate stating (1) that the movant has actually
talked to opposing counsel, or (2) why counsel have not been able to discuss the
A certificate of conference stating that you sent a letter or email to opposing
counsel and received no response is not a proper certificate of conference.
HOW DO I CONTACT THE COURT FOR AN EMERGENCY HEARING?
Call the court clerk during court hours. An emergency hearing will not be granted unless the parties have conferred about the matter. Only the Court can determine if an emergency hearing is necessary. The Court frequently will be available for a telephone conference.
TEMPORARY INJUNCTION HEARINGS
Please use the District Clerk’s E-+Hearing System to obtain a hearing date. It is imperative that we know whether or not you are ready to proceed with the hearing and how long the hearing will take. All parties need to be served to go forward with the TI. the 270th REQUIRES ALL cases to mediate before the Temporary Injunction is heard. We may need to reschedule your hearing, and extend the TRO for a more convenient time for the court.
MOTION FOR SUMMARY JUDGMENT
Can be set by using the District Clerk’s E-Hearing System. All Summary Judgments should be set and heard at least thirty days prior to trial.
MOTION FOR DEFAULT JUDGMENT
Can be set on the oral docket only. Utilize the E-Hearing System for an available date. The court will NOT hear any default motions that does not have a green card on file, have proof of service of the notice of hearing, or have the returned mail envelope or any approved substitution.
MOTION TO SUBSTITUTE COUNSEL
Parties Need to have a signed signature block of the outgoing & incoming attorney, or attach a Certificate of Conference stating all parties are in agreement of substitution. If not agreed by all, this will need to be set for a hearing.
MOTION TO WITHDRAW
Motions to withdraw as attorney of record require a statement regarding consultation with party regarding the motion, and current deadlines and trial settings. Motions in which the party will be pro-se after the attorney withdraws must include:
The Party’s Telephone Number;
The Party’s Address, City & State
The Party’s Email Address;
RULE 106 MOTION FOR SUBSTITUTED SERVICE
All Motions for Substituted Service under Rule 106 must be accompanied by an affidavit that includes the following information:
*Efforts taken to verify that defendant actually lives or works at the subject address.
*Each attempt at service, with date and time, there should be a minimum of seven attempts.
*Identity of persons who were present at the subject address and what was said.
*Identity of cars in the driveway or other indications that defendant resides at the subject address.
*At least two attempts before 7:30am AND two attempts after 7:30pm.
MOTION TO REINSTATE
Will be summited to the court for review upon filing.
ALTERNATIVE DISPUTE RESOLUTION
What are the Court’s procedures for referring cases to alternative dispute resolution?
The DCO will have a deadline for the parties to inform the Court of their ADR strategy. ADR does not have to be in the form of mediation; however, mediation is the easiest ADR technique for the Court to administer.
When a mediator/neutral has been agreed to by the parties, please inform the Court by writing a letter to the coordinator in order for that information to be entered in the clerk’s computer system.
If an objection to ADR is required, when should it be filed?
An objection to ADR should be filed by the deadline specified in the DCO. The objection should address whether mediation should be conducted, not when it should be conducted. Unless an objection to ADR has been granted, all cases are expected to expend a good faith effort in ADR before going to trial. Failure to honor the Court’s ADR deadline will not be cause for a trial continuance, but may lead to sanctions.
Continuances should be filed early. Continuances are submitted at the time of filing. The more detail listed in your motion, the better the chance for granting.
MOTIONS TO RETAIN
Each motion to retain will be considered upon filing.
Pre-trial orders are due seven days before trial. This can be extended by agreement. If you anticipate a challenge to an expert’s qualifications that will take more than 15-30 minutes to hear, do not wait until the first day of trial. Please discuss scheduling of the challenge with the Court at an earlier status conference. Time for voir dire depends on the complexity of the case. After the general voir dire, individual jurors can be questioned at the bench for cause. Do not bring a jury questionnaire to the first day of trial. All cases are automatically set for trial after the answer of a defendant. Most cases are reset within 3 to 6 months if not reached at the first setting.
If the trial is set during the summer months and you have a vacation letter on file for the designated two-week trial docket, you are to submit a letter to the Court indicating you are asserting your vacation letter.
Do not make an appearance for trial until you have received a call from the trial coordinator, assigning you to trial on a specific date and time.
For more information about the 270th Civil Court Follow the link below: