TRCP 21(b) Information for participants to participate in proceedings.
- Appearances: The general rule requires physical presence in the courtroom. Tex. R. Civ. P. 21d, "Unless the notice of court proceeding states otherwise, a person who participates in a court proceeding does so by physical presence in the courtroom." However, the court offers the following guidelines and exceptions to the general rule.
- Uncontested Proceedings: Participants may appear either remotely or in person for the uncontested probate of wills, heirships, administrations, guardianships, and certain uncontested ancillary matters that require a record.
- Contested Evidentiary Proceedings: All contested matters in which testimony or documents will be offered into evidence shall be in person only, except upon leave of court following a hearing on a timely-filed objection under Tex. R. Civ. P. 21d(d) & (e). Please also see Tex. Civ. P. Rem. Code § 30.012(a) & (b). This rule and procedure shall be strictly enforced.
- Contested Non-Evidentiary Proceedings: Matters in which only legal argument will be made (no evidence taken) may be conducted remotely, such as Motions for Summary Judgment. When setting your matter, please ask the coordinator about appearing remotely and, if approved, please be sure your Notice of Proceeding contains all information required by Rule 21(b).
- Setting Hearings
- Online settings: You may set the following matters online using our Online Scheduling page:
- Uncontested Probate of Wills, Heirships and Administrations, and the Submission Docket.
- Contact the Court: To set all other matters, including uncontested guardianships, please contact the court at 832-927-1401.
- Pleadings must be on file: Before you set your hearing, your pleading must be on file. Due to the high volume of hearings, we cannot reserve a setting for pleadings that have not yet been filed.
- Location of Proceedings
- Physical Location: Harris County Probate Court 1, 201 Caroline St., 6th Floor, Houston, Texas 77002
- Instructions for joining electronically:
- Online Settings: If you set your hearing online, you will receive automatic emails with information and a Zoom link five days before your hearing and again two days before your hearing. If you do not receive an email, please call the court at 832-927-1401.
- Hearings Set by a Coordinator: The court coordinator who assisted you in setting your hearing will send a link to attorneys and self-represented litigants approximately one week before the proceeding. Attorneys and self-represented litigants shall be responsible for providing the link to their clients, witnesses, or other participants. Please review and provide all participants with the instructions for remote appearances and the Zoom Best Practices handout before your hearing.
- Instructions for submitting evidence: Evidence may be submitted either electronically or physically for use during a proceeding; however, parties should submit physical evidence to the court reporter unless the evidence is, by its nature, electronically stored information (ESI). Depending on the complexity of the case and the amount of evidence, the court may set up a Dropbox account for parties to use. The court is happy to assist you before your hearing to determine the best method of submitting your evidence.