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LOCAL RULES OF COURT, TAYLOR COUNTY, TEXAS (As Amended November 29, 2004) RULE 1 GENERAL Rule 1.1
Time Standards for Case Processing
Pursuant to Article 5, Section 31 of the
Texas Constitution, Sections 22.004, 72.002 and 74.024 of the Texas Government Code, Rule
6 of the Rules of Judicial Administration, and Rules 1, 3, 4 and 5 of the Regional Rules
of Judicial Administration, time standards have been established to which reference is
made for all purposes, and they now exist, or as they may be hereafter amended. Rule 1.2 Hours
of Court Proceedings
A. Court will be
held in the Taylor County Courthouse at the courtrooms provided by the county, or at such
other places as a judge may designate in his or her discretion. B. The Taylor County Courthouse is open from 8:00 a.m. to 5:00 p.m. each day, Monday through Friday of each week, subject to holidays. The courts will observe those holidays adopted by the Commissioner’s Court of Taylor County.
C. Judges may
schedule absences as necessary due to illness,vacation, attendance at educational programs and
similar matters. The other sitting judges may exchange benches as necessary to conduct
business for an absent judge or in an emergency or special matter. RULE 2 CIVIL CASES Rule 2.1
Filing and Assignment of Cases
The County Clerk shall alternate equally the filing of civil and criminal cases
between the two county courts at law. Rule 2.2 Transfer
of Cases; Docket Exchange; Bench Exchange
The District Judges of Taylor County may exchange benches or hear cases for one another
without the necessity of an order. The Judges
of the County Courts at Law of Taylor County may exchange benches or hear cases for one
another without the necessity of an order. Rule 2.3 Request for
Settings - Non-Jury
The
Court may set contested cases for trial on written request of any party, or on the
court’sown motion. A request for trial
setting constitutes a representation that the requesting party reasonably and in good
faith expects to be ready for trial by the date requested.
In order that counsel practicing before the courts covered by these rules may have
a uniform method of requesting the settings, the following methods shall be used:
A. A
request for setting SHALL BE:
(1) in
writing
(2) addressed
to the judge of the court, with
(3) a copy
being simultaneously mailed and/or delivered to ALL attorneys of
record.
The request shall specify that the setting is non-jury, date or dates preferred (or
unavailable) and estimated length of trial. The
non-requesting (i.e. notified) attorney shall within five (5) days from the receipt of the
notice inform the judge of scheduling or other problems.
B.
Nothing in this rule shall prevent the court from making settings on the
court’s own motion at docket calls or otherwise, consistent with the court’s
docket condition.
Rule 2.4
Request for Settings - Jury
A request for jury trial setting constitutes a representation that the requesting
party reasonably and in good faith expects to be ready for trial by the date requested. In order that counsel practicing before the courts
covered by these rules may have a uniform method of requesting the settings, the following
methods shall be used:
A.
A request for setting SHALL BE:
(1) in
writing;
(2) addressed
to the judge of the court, with
(3) a copy
being simultaneously mailed and/or delivered
to all attorneys of record. The non-requesting attorney shall
within five (5) days from the receipt of the notice inform the judge of scheduling or
other problems.
B.
B. Nothing in this rule shall prevent the court
from setting cases on the Court’s own
motion at docket calls or otherwise, consistent with the court’s docket condition. Rule 2.5
Dismissal Docket; Involuntary Dismissal Each judge shall periodically, but at
least once each year, review the court’s docket, and commensurate with the condition
of the docket, the length of time a case has been filed, and other circumstances, have
cases placed on the dismissal docket. When a
case is placed on the dismissal docket, notice shall be mailed to all attorneys of record,
or any party who has made an appearance, and who is not represented by counsel. Unless a written motion for removal from the
dismissal docket is filed prior to the expiration of twenty (20) day after the mailing of
the notice, the case is subject to dismissal for lack of prosecution at any time after the
expiration of the twenty day period. Motions for removal from the dismissal
docket shall set out the reason for past inactivity, and the date on which the case will
be ready for trial. Action on any motion to
remove the case from the dismissal docket may be taken by the court either after a hearing
set for that purpose, or without a hearing. If
the motion to remove from the dismissal docket is granted, the court shall either: A.
make a specific trial setting for a time certain, or B.
provide that the case will be dismissed without further notice if not disposed of by a certain deadline. The burden for disposing the case or obtaining and extension of the dismissal deadline for good cause
shall be upon the party or attorney asserting the cause of action subject to dismissal. This dismissal docket procedure is
cumulative, and not exclusive, and nothing herein shall prevent a cause from being
dismissed for failure of any party seeking affirmative relief to appear for a trial,
pretrial, or other hearing, or for any other reason authorized by law or the Rules of
Civil Procedure. Rule 2.6
Jury Selection
For the 104th, 42nd and 350th District Courts, and County Courts at Law of Taylor
County, the jury panel is drawn from a pool in the Central Jury Room. The panel is sworn and qualified by the judge
assigned to the Central Jury Room, before the panel is seated in the courtroom. Voir dire procedure is conducted at the discretion
of the Court. The 326th District
Court in Taylor County summons jurors to the courtroom rather than the Central Jury Room. Rule 2.7
Submission of Orders, Judgments, Instruments
In absence of Court direction, upon the rendition of a verdict either by a jury or
by the Court, a judgment or other order may be prepared by any party and submitted to the
Court for entry. Such judgment or order
should be approved as to form by opposing counsel. In
the event of a counsel’s refusal to approve a judgment or order as to form, any party
may submit a proposed judgment or order to the Court with certificate of service to
opposing to counsel. After a ten day period,
the Court may enter the judgment or order unless opposing counsel has given notice of
objections. If objections are received by the
Court during the ten day period, a hearing for entry of the judgment or order may be
requested by any party or on the Court’s motion.
Rule 3 FAMILY LAW CASES Rule 3.1
Time Standards for Family Law Case Disposition:
Dismissal dockets are prepared each April and October, therefore cases should be
disposed of within six months of the date of filing. Rule 3.2
Ancillary proceedings, Temporary Orders, and Emergency Matters:
All pleadings for ancillary, temporary and emergency matters shall
first be filed with the Clerk and then brought to the attention of the
Court Administrator.
Rule 3.3
Disposition Proposals:
A.
Requests for
settings: Non-jury:
Requests for settings of contested final hearings shall be in writing and directed
to the Court Administrator, with copies to the Clerk and opposing counsel, and shall:
1.
Specify all matters to be heard; and,
2. Certify that both counsel have agreed to the
estimated time
requested to
hear all matters.
Where setting requests do not so certify, opposing counsel has the obligation to
inform the Court in writing within 5 days of the request, that the amount of time
requested is not sufficient.
Any party may request a setting.
B.
Continuances:
Requests for continuances must be in writing and will be set for hearing. The attorney obtaining a new hearing date shall
confirm the setting in writing with opposing counsel and the Court.
C.
Setting
Conflicts:
Having a case set with the Judge at the same time one is set with the Associate
Judge is a setting conflict. In that event,
the case which has the oldest setting shall take precedence and the later set case shall
be reset for another time.
D.
Request for settings: Jury
Requests for jury trials must be made in writing and will not be placed on the
docket until the jury fee is paid. Letters
setting a pretrial hearing are routinely sent by the court administrator at least two
weeks in advance of trial. Counsel shall
attend such pretrial hearings to make announcements on their cases and present all
pretrial motions. Failure to appear and make
an announcement at the pre-trial hearing will result in the case being removed from the
jury docket. Rule 3.4
Uncontested matters:
Default, waiver and uncontested matters:
A. 9:00 a.m.—9:30 a.m. Tuesday, Wednesday,
Thursday and
Friday will be set aside to hear uncontested matters only. No uncontested matters will be heard on Mondays. Files must be pulled and given to the Court
Administrator or Bailiff before 9:15 a.m.
B. From time to time, notices will be posted in the
District Clerk's Office and on the courtroom door indicating days on which no uncontested
matters will be heard.
C. To facilitate collection of child support and to
promote accuracy in the recording of payments, waivers of citation shall contain a place
for the respondent's address, social security number and driver's license number, either
in the body or under the signature. Rule 3.5 Financial
Information statements:
In all actions in which the Associate Judge or Judge is requested to set temporary
alimony, child support or any other type of support, and in all actions involving a motion
to increase or decrease support, each party shall prepare a financial disclosure form and
deliver a copy of such form to the adverse party or his counsel and the Associate Judge or
Judge prior to the hearing. Each party shall
furnish two current pay stubs. Copies of the
suggested forms are attached hereto as Exhibit A. Rule 3.6 Child
support guidelines:
A. The guidelines of Chapter 154 of
the Family Code and the rules thereunder apply to all original proceedings and motions to
modify child support. All orders should
direct that payments be made to the State Disbursement Unit.
B. In cases involving more than one child, reductions in amount based on
emancipation of older children will be made proportionately, according to the guidelines,
not equally by the number of children.
C. In all actions which the Associate Judge or Judge is requested to set child
support and in all actions involving a motion to increase or decrease child support, each
party shall prepare a financial disclosure form and deliver a copy of such form to the
adverse party or his counsel and the Associate Judge or Judge prior to the hearing. Each party shall furnish two current pay stubs.
D. The Domestic Relations Office of Taylor County monitors all court ordered child support and
visitation problems. Further information and
forms can be obtained from that office. Rule 3.7
Application for and refusal of IV-D Child Support Services
A. All final orders, excluding
modifications, that provide for child support paid through
the State Disbursement Unit shall be deemed to include an application for IV-D child
support services provided by Taylor County and the Office of the Attorney General of
Texas, pursuant to Chapter 231 of the Texas Family Code.
This rule shall apply to final orders rendered by the Taylor County District Courts
after the effective date of this rule. B. Unless required to accept IV-D child support services
pursuant to other laws, a child support obligee entitled to receive services pursuant to
this rule may decline services by filing a written Refusal of Child Support Services with
the District Clerk. C. Refusal of the IV-D Child Support Services pursuant to this
rule does not preclude that person from making a subsequent written application for IV-D Child Support Services. Rule 3.8
Possession Guidelines:
Access and possession of children are controlled by the provisions of Chapter 153,
Family Code, Standard Possession Order. Rule 3.9
Inventory and Appraisement: In cases involving an appreciable amount of property in dispute, counsel for each party shall prepare a list of property involved with estimates of value noted thereon. A copy of the list shall be presented to opposing counsel at least three days before trial and to the Court prior to any testimony being offered. Rule 3.10
Ad Litem Appointments:
In cases where amicus attorneys or attorneys or guardians ad litem are required by
law, the request for an appointment of same shall be made in writing to the Court
Administrator who will supply the attorney's name next appearing on the Court’s
rotating list. Rule 3.11 Children’s
Interest Seminar A. This rule
applies to all parties in all suits affecting the parent-child relationship filed in the
326th Judicial District Court B. The 326th Judicial District Court may require
such parties to successfully complete a seminar that addresses the issues confronting
children that are the subject of divorce, custody, and child support litigation. The seminar shall comply with the requirements
stated in the Texas Family Code Each
party is responsible for payment of the appropriate fee. C. The seminar shall be successfully completed within 60 days
of the service of the original petition upon respondent, or if service is waived, then
within 60 days of the waiver of citation. D. Upon a party’s failure to successfully complete the
seminar pursuant to this rule, the Court may take appropriate action , including a finding
of contempt, striking of pleadings, or any sanction allowed under the Rules of Civil
Procedure. E. For good cause, the Court may waive the requirement of
completion of the seminar. Rule 3.12
Referral to Associate Judge:
A. Referrals:
The Associate Judge shall hear all matters as set out in Chapter 201 of the Family
Code, as it may be amended from time to time.
B. Objections:
Objections to the Associate Judge will be considered untimely filed if filed later
than the time allowed by statute.
C. Settings:
(1.) Proposed orders shall be presented with requests for hearing on temporary
orders, contempts and applications for protective orders.
If contempt actions are expected to be contested and lengthy, the Court
Administrator should be advised at the time of the request for hearing. All orders should specify that the hearing will be
before the Associate Judge.
(2.) Requests for hearings on Motions to Modify shall be in writing and directed to
the Court Administrator, with copies to the Clerk and opposing counsel, and shall certify
that both counsel have conferred together and agreed to the estimated time requested to
hear the entire matter. Where setting
requests do not so certify, the allotted time will be divided equally between the parties.
(3.) When continuances are granted by agreements of counsel, the attorney
requesting the continuance must obtain a new hearing date and confirm the same with both
the Court and opposing counsel. In resetting
contempts and requests for temporary restraining orders, an order setting hearing is
required.
(4.) Having a case set with the Associate Judge at the same time one is set with
the Judge is a setting conflict. In that
event, the case that has the older setting will take preference and the later set case
shall be reset for another time.
D. Written orders: Written orders after the hearings by the Associate Judge shall provide appropriate signature spaces for both the Judge and the Associate Judge.
E. .Recommendations of the Associatie Judge:
Recommendations are appealable to the referring court. All appeals shall be in writing, specifying that
portion of the Associate Judge’s ruling which is being appealed, and notice shall be
given to opposing counsel. The notice shall
also contain a request for a hearing and shall be filed and presented to the Court within
the time required by statute.
All recommendations of the Associate Judge remain in full force and effect until
the hearing is had on the appeal, except for incarceration for contempt. Exhibits attached hereto:
Financial Information Stmnt.
Domestic Relations Ofc. Data Sheet RULE 4 CRIMINAL CASES Rule 4.1 Grand Jury
The Grand Juries of the District Courts of Taylor County meet
monthly as
follows:
First Thursday
42nd District Court
Second Thursday
104th District Court
Third Thursday
350th District Court
The Grand Juries may meet on other days as the need arises. Rule 4.2 Arraignment (Initial Appearance) After an indictment is returned and filed in a district
court, the arraignment date is scheduled by the Court
for approximately two weeks away, with notice sent to
the defendant's surety or attorney, if any, or to the defendant, if defendant has no
surety or attorney. A defendant's attorney may
waive arraignment and make official appearance in the case in writing prior to the
arraignment date, and, in such case, the defendant and his attorney need not be present. If arraignment is not waived, the defendant must
be present, with his attorney, if any, at the arraignment setting. When a defendant is released from the Taylor County
Detention Center on a misdemeanor charge, the defendant and bondsman are notified of the arraignment date, which is on Thursday
at 9:00 a.m., at least seven (7) full days following
the release. Persons arrested on Taylor
County misdemeanor warrants in other counties and their bondsmen are notified by mail by
the Court Administrator of the date of arraignment. A
defendant's attorney may waive
arraignment and make official appearance in the case in writing prior to this arraignment
date, and, in such case, the defendant and his attorney need not be present. If arraignment is not waived, the defendant must
be present, with his attorney, if any, at the arraignment setting. RULE 5 JURY MANAGEMENT A jury management plan is on file with the District
Clerk of Taylor County. A central jury room system is utilized for the 42nd, 104th and
350th District Courts and the County Courts at Law. The 326th District Court summons
jurors directly to the courtroom. RULE 6 ATTORNEYS OF RECORD Any attorney may request the court not to set any
cases involving such attorney for a designated two (2) week period during any calendar
year. Such vacation letter shall be sent to
the judge of the court ninety (90) days prior to the commencement of the vacation period,
and in such event no cases shall be set for that attorney during the designated two week
period. The foregoing Local Rules of Court of Taylor County,
Texas, were approved this date by District Court Judges and County Court at Law Judges of
Taylor County, Texas. Date:________________________
______________________________
John Weeks, JUDGE
42nd District
Court
______________________________
Lee Hamilton,
JUDGE
104th District
Court
______________________________
Aleta Hacker,
JUDGE
326th District
Court
______________________________
Jess Holloway,
JUDGE
350th District
Court
______________________________
Robert Harper,
JUDGE
County Court at Law No. 1
______________________________
Barbara Rollins,
JUDGE
County Court at
Law No. 2
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