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Q: What matters are assigned to ancillary court?
Under Rule 3.5 Ancillary Docket of the Harris County Rules of the Civil Trial Division, the
ancillary docket consists of the following:
(a) Applications for temporary restraining orders;
(b) Motions to dissolve or modify temporary restraining orders;
(c) Motions to modify the bond for a temporary restraining order;
(d) Motions to authorize emergency medical treatment;
(e) Requests before any suit has been filed to appoint umpires or arbitrators;
(f) The following matters, when brought under Chapter 81 of the Texas Health & Safety
Code:
(1) Motions for orders of protective custody;
(2) Motions for orders of temporary protective custody;
(3) Motions for orders for temporary detention pending a hearing on a motion to
modify an order for outpatient treatment;
(4) Appointment of attorneys for persons subject to protective custody or
detention orders; and
(5) Probable cause hearings.
Generally, Applications for Temporary Restraining Orders and Motions to Dissolve TROs make
up the majority of the work in ancillary court. The relief sought is extraordinary. To prevail on
a Temporary Restraining Order, the movant must show an underlying cause of action against the
defendant, a probable right to the relief sought and a probable, imminent and irreparable injury in
the interim.
Matters other than ancillary issues should be directed to the clerk of the court assigned to the
case.
Q: Can the judge assigned to the case hear an application for TRO?
No judge other than the Ancillary Judge may hear an application for a TRO and grant ancillary
relief without a written order from the Ancillary Judge or Administrative Judge of the Civil Trial
Division.
Q: How do I reach the ancillary clerk?
To reach the clerk call 832-927-5732 or email ancillarycourtclerk@justex.net. The office for the
ancillary clerk is located on the 2nd floor, Suite 208 of the Harris County Civil Courthouse, 201
Caroline.
