Q: Im in Texas and I filed a Case for Harassment, Stalking, Slander and Libel. I went to Mediation and it went to Impasse.
The Mediator was horrible. Once i filed this Case, isnt it Public Records even if we HAVENT went to Trial Yet? Our Court date havent been set yet but Anyone should be able to go online and see it. right? Im going to Request a Trial by Jury but How do i get a Motion to the Judge to set the Jury Trial ASAP?
Please respond in Simple Terms and Thank You.
A:
It is usually not necessary to file a motion for trial setting in Texas state court. After conferring with the other parties’ attorneys (or the parties themselves if they are pro se) regarding their scheduling availability, you can usually call or email the court coordinator with a list of mutually agreed dates. The court coordinator will compare them to the court calendar and set your case for trial.
In choosing trial dates, be aware of the discovery control plan and any scheduling orders so you do not inadvertently choose a trial date before the discovery period ends. If your case qualifies as an expedited action under the Rules, pay attention to those time deadlines as well.
Be aware that, unless your case is an expedited action, most civil cases like yours aren’t reached for trial until 12-24 months after they were filed. Many Texas courts have a backlog of older cases due to the disruptions caused by the COVID-19 pandemic. I personally still have five cases originally filed in 2017 or 2018 awaiting trial in Texas courts.
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