What is a Docket Call?
A docket call in a general district court is intended to afford the judge with the opportunity to ascertain who is who, and what is what. The designation "docket call" can be a little misleading, in the sense that very little calling out is actually done, and very few cases are really "called." In reality, it’s a bit misleading to even think of a docket call as a "call" at all. A better way to describe it is an "appearance and wait." There are generally ten to fifteen cases on a docket. We show up at 9:00 a.m. and sit around for the next few hours to see if ours get reached. If you have a lawyer present or are otherwise represented by someone who is familiar with the system, you probably do not need to appear in person. The court will ensure a representative shows up for you.
The only cases that are frequently "called" in a general district court are criminal matters; i.e., a DUI, reckless driving, shoplifting, etc . The purpose of this call is to give the judge an overview of the court’s caseload, and determine which cases either (a) should be set for a trial; (b) should be continued; or (c) should be nolle prosequi’d (i.e., dismissed by the prosecutor). Generally, this process is pretty uneventful.
So, where does the term "docket call" originate, if we are not really "calling" any cases? There is another type of docket call, but it is far less common. It occurs in circuit court cases, typically felony prosecutions. The purpose of the call is to give the defendants an opportunity to publicly acknowledge and discuss their guilty pleas, so there are no "under-the-table" deals among the prosecutor and the defendant. The prosecutor is responsible for announcing every case, so the public has record of your plea. Certainly, a docket call is just as much of an "appearance and wait" process. But it is a bit more of a formality than the general district court’s process.
Docket Calls Purpose Explained
Docket calls serve multiple purposes in court. First and foremost, they act as logistical management tools for the courts. This is especially true in jurisdictions where multiple jury and bench trials are handled daily. For the Supreme Court of Texas, this means that each week an enormous number of cases (even "petitions" for writs of mandamus or other original actions!) must be slotted according to time and complexity in a minimal amount of courtroom hours. In these jurisdictions, docket calls necessitate the advance scheduling of trials in order to manage the courts’ calendars. The scheduler is the most important role to fill in these courts, and often judges refer to the staff member in this role as a "docket master." The docket master has the authority to slot cases for an entire calendar, sometimes up to six months out, based on the length and complexity of the matter and the availability of a judge to handle it. An experienced docket master can help facilitate trial settings for you in a way that will ensure you don’t spend weeks on a jury trial when you could have been trying three or four matters during that same time. On the other hand, if you’re ineffective in working with them, you could end up wasting your time and resources on cases that may require several weeks of trial but cannot be summarized in 15 minutes or even an hour.
Docket calls also serve procedural purposes. In some courts, except where they are expressly exempted by statute, every defendant is required to make an appearance in person, through counsel, or by written answer, at a docket call. Without a docket call requirement, a plaintiff could simply keep re-issuing the citation, thus perpetually delaying the defendant’s right to trial. This primarily serves the purpose of allowing a defendant to glimpse at the procedural status of the case before it ever sees the inside of a courtroom.
Finally, handled well, the docket call allows attorneys and judges to balance the need for the speedy disposition of a case against the due process requirements of that case. There are stringent requirements for notice in most cases, and most judges set aside a portion of the docket for pre-answers. The warning on the docket call that no pre-answer will be heard is less for the benefit of the defendants, who have already received full notice of the action, and more for the benefit of the court and the requirement of the Texas Rules of Civil Procedure concerning notice.
How Do Docket Calls Work?
When certain judicial proceedings are scheduled, the court will usually have a "docket call" at a set time for those on the docket that day to explain the case procedurally.
These proceedings are sometimes called "calendar calls."
Docket call notifications may be mailed or emailed out to attorneys at least 48 hours prior. (Specific notification requirements vary from court to court.)
At the appointed time of 9:00 a.m. or another designated time, the attorney will arrive and line up outside in front of the courtrooms.
Judges generally come out at their set times and call out each case on the list.
The normal procedure is for parties and their attorneys to approach the bench, where the judge is sitting.
From their position at the bench, judges will usually state something along the lines of "The case of Smith vs. Jones." In this dropped form of speech, they might add, "Ready for trial?"
Each party’s attorney will respond to the statement, such as stating, "Ready for trial," or stating that they have an emergency matter.
If they have an emergency matter, they may be called upon to specify the trouble.
If one side is getting a continuance, the other side may be called on to explain why they don’t believe a postponement is warranted.
Procedural discussions are short. The judge may even decide that it is not their place to arbitrate the matter and refer it to the appropriate court personnel, such as a settlement officer in the court’s settlement conference program.
More procedural discussions between opposing parties may continue, but step by step there will be a time-keeping element enforced by a judicial officer or third-party intermediary.
The judicial officer observes when two attorneys are about to reach an impasse so that they can bring the matter to a close. Again, the judge at the head of the table may change places, switch positions with their settlement officer, or do the same with their court clerk.
Once courtroom discussions are complete, the judge may transfer the parties to a mediation room or settlement conference room nearby in the courthouse, or they may leave.
Because settlements reached in court are likely to occur in mediation or settlement conferences in most courts, litigants should prepare for those meetings. Be sure to cooperate with court rules regarding discovery. Be courteous towards the judge, law clerks, and settlement officers.
Missed Docket Call Consequences
When you do not make it to the next docket call, there may be legal ramifications involved. Because there are plenty of other cases on the docket, the judge will have to devote time to rescheduling your case to another court date. The following are some of the consequences when you miss a docket call, and the next steps if you cannot make it to court:
Judge’s Ruling
If you miss a docket call, the judge may rule in favor of the plaintiff simply because you were not present for court. In a civil suit, this means that you would have to pay the necessary damages identified in the case. In a divorce proceeding, you may be at risk of losing custody or facing greater spousal support obligations.
Writ of Attachment
Some plaintiffs will file a motion for a writ of attachment in order to freeze your assets before the case is brought to court . This will ensure that they can pay their damages. Usually, the attachment can only be placed on legal assets. The creditor is not allowed to place a lien on your main residence, although they can place the lien on a vacation home or investment property.
Reschedule for a Future Court Date
It is best to reschedule with the court right away so that you can minimize the impact of your absence. You will most likely need to prove that you had a good reason for missing the last court hearing. This could be because of an emergency, a legitimate medical reason or simply being out of town. It is best to be completely honest with the court. If you lied about your reason for missing court, you could face contempt charges.
How to Prepare for Docket Call
The documents needed for a docket call are not usually too significant but I include the following as recommended items to have ready just in case. If I am representing an individual party, I usually carry along a copy of the driver’s license or some other form of identification to confirm the identity of my client. It is not uncommon for the court staff to ask the attorney to confirm the identity of the client if they cannot immediately recognize them and that takes very little time to do. If I am presently a business organization, a certificate of incorporation and/or a resolution stating that the person who shows up to speak for the corporation or LLC has the authority to act on behalf of the business is always a good idea. Again, this does not usually take much time at all but I have had cases where someone shows up on behalf of a business and does not have authority to bind the business on something and that is a problem. If you are representing multiple parties in a bankruptcy, make sure you have the authority to act on behalf of all of the multiple parties. For example, in a consumer bankruptcy where a spouse does not file but will be affected by the filing, a spouse may have to sign a declaration to be part of the action. That sort of declaration is the sort of thing that I would want to include with me at the docket call rather than having to run back and forth to get it from the client or another party. The types of questions that will come up at the docket call are going to be something like: "Is the debtor in possession?" In individual actions the question is whether the client (the debtor) is listed in the case docket. That is usually obvious since you have to file a case separate So if I am filing an individual chapter 13 for Paul Smith and Mary Smith, there will be two different cases – one for each of them – since a married couple does not automatically file one case as a single entity. As such, if Paul shows up on a chapter 13 case where he is listed as a debtor then the answer is clearly "yes" to the question of whether he is in possession and so forth. In a business case, the question is whether the assets of the debtor are intact and essentially in the hands of the court if they have not been sold yet or have not been abandoned by the court yet. If the property of the estate is missing, that is when the court will need to get involved to determine whether it has been purchased and if so under what circumstances and then go about deciding whether the debtor can use the property and if so under what circumstances. The other questions revolve around the sort of relief being sought by the debtor. In the usual cases that involves only asking the question of what type of plan is being proposed, how long it will take to get to confirmation and whether there are any contests or opposition to the plan being filed. With intervening events, you will have other questions arise and some of those are best left to the nature of the parties involved. For example, in a case where a single creditor is going against a debtor who has a lot of unsecured debts, the court may want to establish the status of the claim. The court may want to know whether the creditor is receiving full payment or whether it is receiving something less such as a partial payment and whether the interest rate is being reduced or remaining the same. The bottom line is that you should be ready to provide answers to questions regarding the status of the case and the debtor – such as whether the debtor is operating in the normal course of business or whether it should be out of possession of certain assets or not and the general plan being proposed by the debtor and whether the creditor opposes it.
Misunderstanding Docket Calls
Some of the conceptions people have about docket calls just aren’t true, so let’s set the record straight on a few points that come up frequently:
Docket calls are really just for show: If you don’t intend to settle the case, you really don’t need to worry about an appearance. It’s not a big deal. On the other hand, if you think you might want to settle or you have a co-defendant, you are going to want an appearance.
I heard that no court really does anything at the call anyway: Perhaps this was once true, but it is certainly not true now. All of the courts take the call seriously and will not hesitate to call a case for trial. Arguing cases are heard and disposition decisions are made at the call . So, it is probably a good idea to have an appearance from your attorney so that you can make the necessary trial arrangements if "the case you thought you could settle" ends up being one the court isn’t interested in working up.
It’s just a pre-settlement dongle: No question, this is true for some cases, but do not assume that’s true for every case. A change of venue application cannot be made on a case on the day of the call unless you appear on the record and ask permission of the court to make the application. It is true that if there is a settlement that day it will likely be put on the record before the judge.
Some judges don’t allow docket calls in their courtrooms any more: This is not true. All of the judges still conduct their own court calls. The general sentiment is that the calls are valuable to both the judges and lawyers.