Q: Pro Se in Texas.. After filing a motion for further temporary orders and a motion to compel.. What is next?
Do I have to give OC notice of motion?
What about setting a hearing and notice of hearing?
Evidence to be used - procedures?
A:
As a condition precedent to the filing of such a motion, you are required to confer with opposing counsel to determine if an agreement can be reached. Most courts require a certificate of conference as a prerequisite to setting a hearing on a contested motion. If you have to set it for hearing, you should contact the court for a list of possible dates and times, then confer with opposing counsel on setting the hearing. You will then need to submit a notice of hearing to the court and confirm the hearing date with the court coordinator.
Apart from the general rules of discovery which pretty much require both parties to timely exchange relevant evidence, there is usually no duty to designate the exact evidence to be used at the hearing in advance. You should prepare copies of all of the exhibits in accordance with the court's local rules, practices, policies, and procedures in advance of the hearing. Purely from the perspective of effective advocacy, fewer meaningful exhibits are usually more persuasive than many peripherally material exhibits.
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