Rule 3.11 - HEARINGS ON PRE-TRIAL MOTIONS, EXCEPTIONS, AND PLEAS- PRETRIAL PROCEDURES (CIVIL CASES)(A) ANY PARTY REQUIRING A HEARING ON MOTIONS, EXCEPTIONS, DILATORY PLEAS, OR OTHER PRETRIAL MATTERS SHALL TIMELY REQUEST AND OBTAIN A SETTING THEREON PRIOR TO COMMENCEMENT OF TRIAL ON THE MERITS, IN COMPLIANCE WITH ALL PROVISIONS OF THIS RULE AND RULE 3.03.(B) ALL MOTIONS, EXCEPTIONS, AND PLEAS SHALL BE IN WRITING AND SHALL HAVE A PROPOSED ORDER ATTACHED GRANTING THE RELIEF SOUGHT.(C) FAILURE TO PRESENT MOTIONS, EXCEPTIONS, AND PLEAS IN A TIMELY MANNER MAY CAUSE THEM TO BE WAIVED.(D) FAILURE TO PRESENT SUPPORTING AUTHORITIES WITHIN THE MOTION, EXCEPTION, OR DILATORY PLEAS, OR CONTAINED IN A CONCURRENTLY FILED BRIEF OR MEMORANDUM OF AUTHORITIES MAY CAUSE THEM NOT TO BE CONSIDERED BY THE COURT.(E) THE OPPOSING PARTIES' FAILURE TO PRESENT A RESPONSE WITH SUPPORTING AUTHORITIES IN A REASONABLY TIMELY MANNER MAY CAUSE SUCH ARGUMENTS TO NOT BE CONSIDERED BY THE COURT.(F) A SPECIFIC DATE OR PERIOD OF TIME MAY BE ASSIGNED AS A FINAL DATE FOR THE FILING OF MOTIONS, EXCEPTIONS, AND DILATORY PLEAS AND OBTAINING A HEARING THEREON IN THOSE CASES WHICH THE JUDGE DEEMS APPROPRIATE.(G) WHEN COUNSEL FOR EITHER PARTY OR ANY PARTY PRO SE, AFTER NOTICE, FAILS TO APPEAR AT A PRETRIAL SETTING ON ANY MOTION, EXCEPTION, OR PLEA, THE COURT MAY: (1) RULE ON ALL MOTIONS, EXCEPTIONS, AND PLEAS IN THE ABSENCE OF SUCH COUNSEL:(2) DECLARE ANY MOTIONS, EXCEPTIONS, OR PLEAS OF SUCH ABSENT PARTY WAIVED.(3) IN THE EVENT ABSENT COUNSEL REPRESENTS THE PLAINTIFF, THE COURT MAY DECLINE TO SET THE CASE FOR THE TRIAL OR MAY CANCEL A SETTING PREVIOUSLY MADE, OR MAY DISMISS THE CLAIM FOR WANT OF PROSECUTION, ESPECIALLY WHERE THERE HAS BEEN A PREVIOUS FAILURE TO APPEAR OR WHERE NO AMENDMENT HAS BEEN FILED TO MEET EXCEPTIONS PREVIOUSLY SUSTAINED; OR (4) IN THE EVENT ABSENT COUNSEL REPRESENTS THE DEFENDANT, THE COURT, IF THE CASE HAS NOT BEEN PREVIOUSLY SET FOR TRIAL, MAY SET THE SAME FOR TRIAL PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 245, AND/OR MAY DISMISS ANY COUNTERCLAIM OR CROSS-ACTION FOR WANT OF PROSECUTION.(H) PRELIMINARY MATTERS THAT REQUIRE A HEARING BY THE COURT MAY BE DISPOSED OF BY EITHER HEARING BEFORE THE COURT OR THE COURT MAY RULE IN CHAMBERS WITHOUT A HEARING AS PROVIDED IN THIS RULE. (1) ANY PARTY IS ENTITLED TO A HEARING SO LONG AS THE SAME IS REQUESTED PRIOR TO THE TIME THAT THE COURT MAKES ITS RULING AS PROVIDED IN SUBPARAGRAPH 5.(2) ANY PARTY WHO DESIRES A RULING ON ANY MATTER PENDING SHALL REQUEST A RULING EITHER BY REQUESTING A HEARING OR FILING A REQUEST FOR RULING BY SUBMISSION WITHOUT A HEARING.(3) THE OPPOSING PARTY MAY, WITHIN TEN DAYS AFTER SERVICE OF SUCH STATEMENT, EITHER REQUEST A HEARING OR FILE A WRITTEN RESPONSE.(4) IT IS THE RESPONSIBILITY OF THE PARTY REQUESTING A RULING BY SUBMISSION TO NOTIFY THE COURT OF THE REQUEST AND OF THE DATE OF SERVICE OF SUCH REQUEST FOR CALCULATION OF SUBMISSION DATES.(5) IF NO HEARING IS REQUESTED WITHIN SEVEN DAYS AFTER THE TIME FOR REQUESTING A HEARING OR FOR FILING A RESPONSE HAS EXPIRED, THE JUDGE, IN THE ABSENCE OF COUNSEL, SHALL EXAMINE THE PLEADINGS, AUTHORITIES CITED, AND OTHER PAPERS AND MAKE SUCH RULINGS AS THE JUDGE DEEMS PROPER, NOTE A MEMORANDUM OF SUCH RULING UPON THE PAPERS OF THE CAUSE AND PROVIDE COPIES OF SUCH MEMORANDUM TO COUNSEL FOR ALL PARTIES. COPIES OF ALL ORDERS SIGNED PURSUANT TO THIS PARAGRAPH SHALL BE FORWARDED TO ALL COUNSEL AT THE TIME THEY ARE ENTERED BY THE CLERK.(I) BEFORE A MOTION, EXCEPTION, OR OTHER DILATORY PLEA WILL BE HEARD, THE MOVING PARTY SHALL FIRST ENGAGE IN GOOD FAITH NEGOTIATIONS WITH OPPOSING COUNSEL TO DETERMINE WHETHER THERE IS OPPOSITION. IF THE MATTER WILL NOT BE OPPOSED, THE MOVING PARTY WILL IMMEDIATELY ADVISE THE COURT AND SHALL SEND A PROPOSED ORDER, SIGNED BY COUNSEL, INDICATING APPROVAL.