What happens at a docket hearing

In most courts, once the defendant is served with notice, the trial date will be set. In other courts, the date may be set by order and you will be responsible for giving notice of the trial date to the defendant. Telephone the clerk and double check your trial date. Find out the time that the court will hear your trial. Make sure you are there at the time the trial is scheduled to begin. If you are not on time, you may have your case dismissed. Once the case is set for trial, only legal excuses for not going to trial will be accepted. If you are there, but not ready, your case may be dismissed.

When you arrive, take a seat in the courtroom. Procedures vary from court to court. Usually, the court will go through a "docket call." Answer when your case is called. Some judges will ask you whether you are ready to proceed with your case. You should answer "ready." He will then ask the person you are suing the same question.

Most judges will briefly explain the procedure to be used in your trial. If you are confused about anything he says, or if you have other questions, do not be afraid to ask the judge. When the trial begins, the judge will ask you and your witnesses to swear to tell the truth. The judge will also swear in the person you are suing before he tells his side of the controversy.

A new provision for small claims in justice court allows you to be repreented by someone other than an attorney. The law states:

(c) Assisted Representation. The court may, for good cause, allow an individual representing himself or herself to be assisted in court by a family member or other individual who is notbeing compensated.

This means that if you feel you cannot adaquetly represent yourself—for example, your English is not very good or you get extremely nervous when speaking in coirt—you may ask the judge for permission to have someone such as a family member assist you.

    In Harris County, Fort Bend, Brazoria County, and Montgomery County Criminal Courts docket call refers to the beginning of the court session when the judge, or other court personnel, read out the names of the people who are supposed to be in court during that session.  When a defendant is bonded out of jail they are given the date and time of when they are supposed to be in court.  On later court settings the time and date will be on a reset form.  Generally, in Harris County, the time is 8:30, 9:00, or 9:30 a defendant should make sure they know their specific required time.  A condition of the bond is that the defendant will be in court at the specified time.  Failure to be in court can result in the bond being forfeited.  A bond can be forfeited if someone fails to show up or if they show up five minutes late.  These rules hold true whether a defendant is charged with Possession of Marijuana, Theft, or Aggravated Assault.

    We always advise clients to arrive early to insure that they find parking and have enough time to go through the metal detectors and get on an elevator.  There can be a long line for both the metal detectors and the elevators and most judges will not take that into consideration if a defendant misses docket call.

    If you have been charged with an offense in Harris County and have questions about docket call please call us at 713-651-1444.  It is our belief that you should always have an attorney with you at every stage of this process including docket call.  You deserve an experienced criminal defense attorney to defend you against the charges and protect your rights.  Please fill out an online contact form and an experienced criminal defense attorney will call you shortly.

Each court proceeding is a little bit different and serves a different judicial purpose. The following is a description of each proceeding.

First Appearance

A court hearing where the offender is first notified of his or her rights and the charges filed against them. The terms of their possible pre-trial release are set. This normally occurs the first business day after an offender is arrested. The judge will set a bond amount, determine if the offender qualifies for a court appointed attorney, and usually order no contact between the offender and the victim.

Criminal Assignment Docket

Criminal Assignment Docket is a scheduling conference in which no evidence is presented. It is a brief open court meeting in which the parties involved set the corresponding future court dates of the case in matter.

Show Cause

An order by the court requiring a party to appear and explain why the court should not take action on a matter.

Restitution Hearing

A restitution hearing is a hearing that is held if the offender or victim challenges the amount of restitution ordered by the judge or the validity of the expenses submitted by the victims. It can also be held to determine if restitution is owed, and if so, how much is owed. Restitution is a monetary payment sometimes ordered to be made as part of a judgment in negligence and/or contracts cases to restore a loss. A restitution hearing can be requested by either the defendant or the victim. The victims requesting restitution may be called to court to document their expenses with copies of bills, receipts or other confirmation of loss.

Pre-Trial

After the preliminary hearing and before a criminal case goes to trial, the prosecutor and the defense team usually appear before a criminal court judge and make pre-trial motions such as arguments that certain evidence should be kept out of the trial, that certain persons cannot testify, or that the case should be dismissed altogether.

Motion Hearing

A Motion Hearing is a request asking the judge to issue a ruling or order on a legal matter. Once the judge receives a motion, he or she can grant or deny the motion based on its contents. In the alternative, the judge can also schedule a hearing. At a motion hearing, each party can argue its position and the judge can ask specific questions about the fact or law. After the hearing the judge decides the motion and this is called an order. However, during a trial or hearing, an oral motion may also be permitted.

Preliminary Hearing

The preliminary hearing is not a trial. It is a hearing in court at which witnesses testify and the judge decides if there is enough evidence to require the defendant to stand trial. The jury is not present; the judge alone makes the decision.

Bench Trial

Also called court trial. A bench trial is another term for a trial before a judge only without a jury. In general, the parties begin with the presentation of evidence, although in some cases they make opening statements. After the plaintiff finishes presenting his evidence, the defendant presents her case. After the defendant concludes her presentation, the plaintiff may rebut the defendant's case. Rarely are closing arguments made. The judge may rule immediately, but more often takes anywhere from a few hours to a few weeks to consider the evidence and reach a decision.

Jury Trial

A civil or criminal trial in which a jury decides any disputed issues of fact. The number of jurors is usually 12 in a criminal trial; the number varies from state to state in a civil trial. In a jury trial, the jury is selected by the parties through a process called voir dire, where the judge or parties ask jurors questions in order to determine their biases and opinions. (Each side gets to reject a certain number of potential jurors.) After the jury is chosen and sworn in, the parties give opening arguments, present their evidence and give closing arguments. The jury then deliberates; when it reaches a decision, it returns to the courtroom and announces the verdict.

Sentencing

Usually the last part of the criminal process and the opportunity for victims of crimes to speak up and inform the judge, directly, of how the crimes committed have affected their lives. This hearing is done in an open court in front of the judge and both parties involved. During sentencing restitution is also regularly determined.

The key objective of case management is to reduce costs and delay so that there are:

• fewer issues in contest
• in relation to those issues, no greater factual investigation than justice requires
• as few interlocutory applications as necessary for the just and efficient disposition of matters.

The overarching purpose of civil practice and procedure and case management within the individual docket system is to facilitate the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible - see ss 37M and 37N of the Federal Court Act.

The parties and their lawyers are expected, and have a statutory duty, to co-operate with the Court, and among themselves, to assist in achieving the overarching purpose. This includes identifying the real issues in dispute early and in dealing with those issues efficiently. There are no exceptions to this expectation because of the size or nature of the matter.

This co-operation requires parties (and their lawyers) to think about the best way to run their cases conformably with the overarching purpose.

The Central Practice Note (CPN-1) sets out the Court's expectations with regards to case management in the Federal Court.

What is mediation and when is it suitable?

Mediation is a structured negotiation process in which an independent person, known as a mediator, assists the parties to identify and assess options and negotiate an agreement to resolve their dispute.

A Judge may order for a mediation to be held in a matter as part of the case management of the matter. Usually (but not always) all the parties agree to this.

Any party can also request the Judge to refer the matter to a mediation, however, it is a good idea to discuss this with the other parties before making this request to the Judge.

A mediation is usually conducted by one of the Federal Court Judicial Registrars. It will involve all parties meeting in a conference room to discuss ways of settling the case.

Mediation can result in a speedy resolution of a dispute at minimum cost to the parties.

Further information about Mediation is available from the Court's website or from the Registry. See also the Court's Mediation Video which explains how mediation works and the role of the mediator.

What if I need the Court to make an order other than at a case management hearing?

As far as possible you should ask the Court to make any orders that you need at the scheduled case management hearing(s). This will save you time and money.

If however, you want to request that the Court make an order other than at a case management hearing, or without the consent of all the parties involved in the matter, then you will need to start an interlocutory application by completing a Form 35 and an affidavit (Form 59).

These documents need to be filed and served on the respondent at least 3 days prior to the date set for the hearing of the interlocutory hearing.

Filing and hearing fees may apply.