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Travis County Civil and Family District Courts: Amended Local Rules 2022 Overview
The More You Know
The Local Rules of Civil Procedure and Rules of Decorum for the District Courts of Travis County have recently been amended. The latest revisions are effective as of Oct. 15, 2022. Below is a summary of the recent revisions to the Local Rules. Other valuable information can also be found at traviscountytx.gov.
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GENERAL CHANGES
• Changing the name of the courthouse to the Civil and Family Courts Facility (CFCF) throughout the Local Rules in preparation for the move in early 2023.
• Clarifications, especially where there are compliance problems.
• Adds cross-references to other Local Rules provisions.
• Clarifies that cases can be assigned to particular judges only pursuant to 2.6 and 10.2.
• Changes capitalization of “court” and “judge,” and changes “shall” to “must.”
• Makes references (for addresses, locations, and website links) more generic in preparation for the move to the CFCF, and for flexibility.
• Incorporates pandemic practices where they are working well.
• Moves forms to website.
CHAPTER 1: GENERAL ORGANIZATION
• 1.1 states that the Local Rules are subject to any current emergency orders and that these and any standing orders and forms are available on the website.
• 1.3 clearly spells out how the central docket works; explicitly excepts only 2.6 and 10.2 special assignments; and states that documents filed with the district clerk aren’t forwarded to a judge, and vice versa.
• 1.4 explains generally where the location of hearings on the central docket will be posted, includes language that should be in a notice of hearing for cases, and states that a sample hearing notice for the central docket is posted on the website.
• 1.5 adds to list of motions challenging a prior ruling that need to go back to the judge who made the ruling, and includes language “if available” for visiting judges.
• Adds sections on how to set cases (1.8), explaining that references to “parties” or “counsel” include self-represented parties (1.9), stating that “must” indicates a mandatory act (1.10), and states that standing orders, emergency orders, and forms are available on the website (1.11).
CHAPTER 2: SETTING CASES ON THE CENTRAL DOCKET
• 2.2 adds a certification requirement (in addition to the existing certification about conferring on date and time of hearing) with two specific choices of language, and adds that the court retains discretion to strike any setting without such a certificate.
• 2.3 adds a requirement that settings must not be requested until the motion is filed or will be filed immediately, but in no event later than 24 hours later, and that time estimates are for the total time for all matters and all participants in the entire hearing; a half-day hearing generally provides fewer than three hours and a full day hearing generally provides fewer than six hours; jury trial announcements must include time for every part of the trial; the court may reschedule a matter if it determines it cannot reasonably be heard within the announced time.
• 2.4 explains that the party who obtains the setting must give notice to all parties, and states that sample notices are posted on the website.
• 2.5 explains that judges do not sign orders setting cases with limited exceptions, and even if an order is signed, the setting must be made with the court administrator’s office.
• Maintains 2.6 as the rule for special assignment of complex cases since that is the colloquialism used for these specially assigned cases.
• 2.7 provides the deadline for settings and references needed for announcement pursuant to Chapter 3.
• 2.14(b) clarifies the need for agreement to pass a setting.
• Other non-substantive changes, primarily for clarification.
CHAPTER 3: ANNOUNCEMENT DOCKET AND ASSIGNMENT OF CASES FOR SETTINGS ON THE CENTRAL DOCKET
• 3.2 and 3.4 change the dates of the announcement period and docket call for jury trials.
• 3.3 changess the timing of the continuance docket so it will be heard upon request to the duty judge.
CHAPTER 4: MATTERS PRELIMINARY TO TRIALS ON THE MERITS ON THE CENTRAL DOCKET
• Clarifies that the only motions that may be heard the week before a trial are motions for continuance.
• States that courtesy copies should be provided to opposing counsel as well as the judge.
CHAPTER 5: NOTICE TO TRIAL JUDGE OF POST-TRIAL PLEADINGS
• Adds to the list of post-trial pleadings that must be sent to the judge.
• Expands manner of notice to include emails to the submission email address.
CHAPTER 6: MOTIONS TO WITHDRAW AS ATTORNEY OF RECORD AND MOTIONS TO SUBSTITUTE ATTORNEYS
• Makes clarifications so the provisions are more easily understood and to provide that “a hearing is required unless… .”
CHAPTER 7: UNCONTESTED AND EMERGENCY MATTERS
• Refers to Standing Order on Submissions.
• Maintains the uncontested docket/duty judge, but removes specific times for that docket and instead states that times will be posted, to allow flexibility to change the days/times based on volume/need.
• Adds a 5-minute limit to matters presented at the uncontested docket.
• Changes 7.1 and 7.2 to clarify that a case must be on file before the duty judge will consider an emergency motion.
• Updates the rule on emergency motions to direct parties to use the submission email addresses.
CHAPTER 8: DISMISSAL FOR WANT OF PROSECUTION BY THE COURT
• Moves the provision (from 2.14(b) to 8.8) that trial settings after a motion to retain from the DWOP docket cannot be moved by agreement.
CHAPTER 9: REMOTE HEARINGS
• The section is renamed from “Telephone Hearings” to “Remote Hearings” to preserve the ability to use videoconferencing rather than the phone whenever possible.
• Clarifies that each court has its own procedures for conference calls and indicates that a record is available in limited circumstances.
• Adds language regarding hearings by videoconference, referring to standing and emergency orders posted on the website.
• Allows parties to request a remote hearing, directs how and when that may be done, and provides for handling of objections to remote trials and hearings.
CHAPTER 10: JUDICIAL REVIEW OF ACTIONS OF ADMINISTRATIVE AGENCIES
• Updates the definitions and applicability for clarification.
• Maintains 10.2 as the rule for special assignment of administrative cases since that is the colloquialism used for these cases.
• Allows a party to seek a TRO from the duty judge before assignment under the chapter and simultaneously makes the rules on hearings more clear.
• Changes the requirement of hard copies of briefs to be digital or hard copy, pursuant to the instructions of the assigned judge.
• Clarifies the types of cases to which the chapter applies.
• Other changes to clarify current practices.
CHAPTER 11: DRAFTS OF JUDGMENTS, DECREES, AND ORDERS TO BE SIGNED BY JUDGE
• New 11.1 clarifies that proposed orders must not be filed as standalone documents.
CHAPTER 12: RULES OF DECORUM
• More specifically describes appropriate clothing and adds that any recording of a proceeding must be in compliance with TRCP 18c and Local Rule 16.
• Clarifies that the rules of decorum apply to both in-person and virtual courtrooms.
CHAPTER 13: REFERRAL OF CASES TO MEDIATION
• Replaces references to “nonbinding alternate dispute resolution” and “ADR” with “mediation,” but allows other forms of ADR.
• Adds a good faith requirement to mediation efforts.
• Requires attendance of persons with authority to settle in addition to the parties.
• Removes requirement that parties exchange pre-mediation demand and offer letters (since most mediators have their own requirements).
• Other clarifications.
CHAPTER 14: APPLICATION FOR INITIAL AUTHORITY TO SERVE CIVIL PROCESS IN TRAVIS COUNTY (RULE 103 ORDERS)
• Removes the form from the text and states that it will be posted on the website.
CHAPTER 15: RESERVED FOR EXPANSION
No changes.
CHAPTER 16: RULES GOVERNING RECORDING, BROADCASTING, AND PHOTOGRAPHING OF COURT PROCEEDINGS
• Clarifies that this chapter applies to both in-person and remote proceedings.
• Expands the scope to cover any request to “record, broadcast, or photograph court proceedings.”
• Updates the text to address the fact that anyone with a smartphone is able to record, broadcast, or photograph court proceedings, and states that the chapter’s applicability is not limited to the media.
CHAPTER 17: LOCAL RULES OF ADMINISTRATION FOR THE DISTRICT AND STATUTORY COUNTY COURTS
No changes.
CHAPTER 18: INTERPRETERS
• Adds detail to conform with current policies.
• Refers to the Limited Proficiency Plan posted on the website.
CHAPTER 19: PROCEEDINGS BEFORE TAX MASTERS IN DELINQUENT PROPERTY TAX COLLECTION CASES AND PROCEEDINGS BEFORE ASSOCIATE JUDGES IN OTHER CIVIL CASES
• Expands District Courts’ ability to assign cases to associate judges pursuant to statute.
• States associate judges “may hear all matters authorized by the Government Code to be heard by an Associate Judge in civil cases over which the District Courts have jurisdiction.”
CHAPTER 20: LIMITED APPEARANCE, WITHDRAWAL, SUBSTITUTION
No substantive changes.
CHAPTER 21: SETTING CASES ON THE FAMILY AND CPS DOCKETS
• 21.1 specifies that longer than half day is more than three hours.
• 21.2 specifies that shorter than half day is three hours or shorter.
• Requires that parties announce for docket call on short docket as well as long docket cases.
CHAPTER 22: PROCEEDINGS BEFORE ASSOCIATE JUDGES IN FAMILY LAW CASES
• Provides that associate judges can hear name change petitions under Title 2.
• Directs posting of notice of right to hearing de novo outside associate judges’ courtrooms and provides that it may be otherwise communicated.
CHAPTER 23: PRETRIAL PROCEDURES
• Updates the names of standing orders.
• Reiterates not to request a TRO with same relief as contained in standing order.
• Allows spreadsheets in editable form in proposed property divisions as well as PDFs.
• Provides that in cases requesting child support or spousal maintenance, parties shall bring specified financial documents to the pretrial hearing and the trial (rather than filing), and provides that this requirement does not change any discovery requirements.
• Allows for summary of requested relief in Proposed Disposition of Issues as opposed to using the proposed parenting plan form.
• Allows amendments to pretrial forms by agreement of the parties after the deadline to submit pretrial forms.
• Clarifies dockets for which no pretrial forms are required.
• Provides that a motion to confer with a child should be set at the same hearing as the motion or trial it is related to, and such a motion cannot be set separately.
CHAPTER 24: CHILD SUPPORT AND SPOUSAL MAINTENANCE ORDERS
• Updates the agencies through which child support and spousal maintenance are to be paid.
CHAPTER 25: ADOPTIONS AND TERMINATIONS
• Requires Domestic Relations Office to prepare termination report in cases seeking termination only.
• Adds new 25.5 to require an order dismissing the CPS case at the time of an adoption of a child in CPS’s custody.
CHAPTER 26: FAMILY LAW NOTICES AND ORDERS TO APPEAR
• Updates language to be used in orders to appear. AL
Velva Price began serving as the Travis County District Clerk in January 2015. Price is a licensed attorney and began her second term in January 2019. One of her duties is to inform and prepare attorneys and the legal community of transitions in the District Clerk's Office that may affect their practice.
