After a quarrel, a wife said to her husband, "You know, I was a fool when I married you." The husband replied, "Yes, dear, but I was in love and didn't notice."
It is a pleasure to write this paper and speak to you on the subject of discovery and trial in Family Law cases under the new Rules of Discovery, which I will call the new Civil Rules. It occurred to me that there will be a number of other well qualified presenters giving you the step-by- step differences between the old civil Rules and the new civil Rules with respect to their area of expertise today. So, I will not speak on that topic w/r/t Family Law, but I will try to answer any obvious questions you may have. Almost every family law case with serious issues, or with a child or with injunctive relief will be a level 2 or 3 discovery case, with most being a level 2. Only the "no kids, no property, no injunctive relief" cases might qualify for level 1 treatment, but level 1 is not synonymous with "uncontested divorce". The valuations used to qualify for the $50,000 or Less Level 1 boundary are fair market values or the price or value at which a willing buyer with no compulsion to buy would buy that item and the price or value a willing seller with no compulsion to sell that item would sell. I have always told clients that without a formal appraisal, fair market value is, basically, distress sale prices.
Let's face it. With respect to learning the Civil Rules, nothing will prepare you more than reading and using the Rules and trying to make sense out of it all in your personal practices. You will find that most Judges are feeling their way around these new Rules themselves, still feeling more comfortable with the old Rules. In my opinion, the Civil District Courts will be more zealously enforcing the letter of the new Civil Rules and, in general, the Family Courts are more likely to enforce the new Civil Rules less zealously, but that is only because they have their own new Rules, also approved by the Supreme Court, which they are trying to figure out day by day. Until we all are familiar with the new guidelines, cases will probably be won and lost on our proficiency in using these new Civil Rules and in arguing against sanctions being imposed against us.
Since some or many of you will wander unexpectedly into the Family Law Center in an attempt to seek justice from one or more of the Harris County Family Courts, the main thrust of this paper and my presentation will be on the New Family Court Rules known as the Rules of the Judicial District Courts of Harris County, Texas, Family Trial Division, which I will hereinafter refer to as the Family Court Rules. After discussing the new Family Court Rules with you, I don't think I will be alone in feeling like the Family Courts have made our jobs appreciably more difficult.
I asked one of the senior and more respected of the Family Judges if the Family Law Judges had met to set some uniform guidelines for the application of these new Family Court Rules. His response--"We haven't met and each Judge has his/her own ideas on these Rules (Family Rules) and how to apply them." Another, equally well-respected, certified specialist, Family Court Judge upon being asked "what do I tell a group of seminar attendants to do with respect to trying to abide by the Family Court Rules when they come into your Court." said "Don't worry, Lennie, In my Court I just want you to use good sense and do the right thing. That's what you always do, so you shouldn't have a problem." That unrequested accolade was nice, but quite disconcerting for me and should be for you, too. Please remember that these Family District Courts are Law and Equity Courts, the most powerful courts in the State of Texas, the most difficult to overturn on appeal because of their equity jurisdiction. Everyone understand equity jurisdiction? (Explain) But, be of good cheer. Presently, most of the Judges are approachable and will probably be receptive to questions, especially if you go to them ahead of time for guidance on some general Rule issue or go together with your adversary to ask, if that is possible.
Okay, let's look at these new Family Court Rules which are attached to my paper. The Family Court Judges say these Rules will make our Family Court lives easier. I'll call for a vote when I am through, to see what you think at first blush. The preambles is predictably sweeping and lofty in objectives: impartial justice, more efficiency and less expense for parties and the children, all the while complying with existing procedural rules and substantive law, and encouraging the use of alternate dispute resolution (ADR) in all appropriate cases and at all appropriate times. Sounds good, right?
RULE 2. TRANSFER OF CASES--This, in the main, really is not new law as far as I am concerned, but now it is codified. If you file a case, it will be assigned to a court. If later the case is terminated by non-suit or otherwise, and you re-file it or any subsequent suit or cause of action involving the same parties or the same subject matter is filed, that new case shall be filed in, or transferred to, the court that first had jurisdiction of the parties or subject matter by the original filing. Please note that this rule applies to all controversies, divorce, SAPCR, and all matters incident thereto, whether by an original proceeding or by modification, clarification or enforcement of a former order, judgment or settlement agreement. A Court, once it becomes aware of a conflict with this Rule, must immediately order the suit transferred to the court in which the original suit was filed. If you are unhappy with the Judge the computer selects for you, you have what my malevolent and insane drill sergeant referred to as a "problem for the chaplain". It is very difficult to successfully get a Judge to recuse him/herself from a case and very, very dangerous to fail in that effort. Recusal is not a half-way kind of thing. As expected, all provisions of the Texas Family Code regarding continuing, exclusive jurisdiction and transfer shall take precedence over the Family Court Rules. So, once filed, you are pretty much stuck with that court.
Since consolidation and severance occur so seldom in family cases, I will leave that to your reading, though it all dovetails into the main idea of keeping a case and parties in the same Court.
RULE 3. FLOW OF CASES --3.1--Who didn't know you had to list your name, Texas Bar Number, address, telephone number, and fax number, if you have one on any pleading or order you prepare and file with the Court?
3.2.1--From now on, if you hear the term Ancillary matters, it will mean those activities and hearings therein listed.
3.2.2--There is a preference, even in the setting of hearings, to matters in which the parties have participated in alternate dispute resolution procedures. About 12 years ago, when ADR was new, I was thinking about getting qualified as a mediator and I spoke to a well-respected Family Court Associate Judge to get his opinion on whether it would be a worthwhile endeavor. He told me that "it would be a cold day in hell, before mediation would be used in the Family Courts." The Courts have come a long way since that time.
3.3--DOCKET CALL PROCEDURES--QUICKSAND FOR THE TARDY
3.3.1--The Rule makes it clear that attorneys and pro se litigants must notify the court and the opposing side if he/she does not expect to be on time or present in the courtroom during docket call.
3.3.2--if you have to be in other Courts, or will be late for docket call, you must notify the court and the opposing side of your ETA in Court (estimated time of arrival) and the reason for the delay. If the attorney knows he/she will be late because of having to be in another court at the same time, the clerk must be notified of that fact and also the specific court(s) in which the attorney will be appearing. Though most of us notify the clerk under these circumstances as to where we are going to be and how long we anticipate being there, I submit to you that this will be nearly impossible to do according to the rule, if the attorney on the other side of your case is in court with his cellular phone turned off (if he/she has one and you know the number). Clearly, the rule does not say you can notify your opponent's office that morning to comply with the rule, though that might satisfy some courts.
3.3.3--Interestingly, if you have set a hearing and do not appear in the courtroom within thirty (30) minutes of docket call, the opposing party may request and get your motion passed by the court. Apparently, under this rule, it makes no difference if you properly notify EVERYONE that you will be late for a righteous reason.
3.4--This Rule codifies the process of teleconferencing for hearings not involving testimony. Now, Judges or associate judges and all attorneys in a case are encouraged to schedule telephone conferences through the court coordinator for non-evidentiary matters or hearings. Two problems: these Family Court Rules give Coordinators new responsibilities, which I have found a few of them to be very testy about. Also, how easy do you think it will be to get a Judge off the bench to hear a hearing on the telephone?
3.5--Now, a very important change made by these new Family Court Rules. You cannot indiscriminately bring children down to Court for any Family Law testimonial purpose. Every Court has its own rule, but the majority seem to hover over something like the stated RULE 3.5 WHICH REQUIRES PRELIMINARILY THAT THE COURT DEEM THAT THE TESTIMONY OF A CHILD IS NECESSARY OR REQUIRED BY STATUTE (this finding is usually in response to a filed Motion for the Court to Confer or Interview the Child). Then, the attorney wishing to have the child interviewed shall arrange a specific time through the court coordinator (here we go again!) for the court to interview the child, though usually the Court will tell you when that time is with the Coordinator's concurrence.
But, HOW DO YOU GET THE CHILD TO COURT? Do we have the custodial parent ordered to leave court and come back with the child at a later time? In one case, the Court insisted that I subpoena the children to Court with an "ON CALL" subpoena requiring the custodial parent to bring the children down if and only if the Court deemed it necessary to hear testimony on the kids' Choices to live with my client. For those that do not practice in the Family Law arena, a Choice is the affidavit [§156.006 (b) (3), TFC] where the child 12 years of age or older requests who the child wants to be his/her managing conservator with the exclusive right to designate the domicile of that child. It is the prize in modification actions. Choices, by themselves, are hearsay. Rarely does a Choice state with detailed reasons why the other parent is an S.O.B. and unworthy and why the chosen parent is a saint because moist children won't put how they feel about a parent in black and white. It usually says only that the child chooses to live with a particular parent, which may be insufficient to modify on temporary orders, which is the primary point of the exercise. Of course, the parties can stipulate that the Choice accurately reflects the child's wishes and that the child is over the age of 12 and that the general language is sufficient for modification. That is a stipulation that will never occur in a contested custody or modification of custody case.
Consequently, the Court will need to talk to the child in chambers, or wherever and whenever it wants. NEVER, EVER BRING A CHILD INTO THE COURTROOM WITHOUT COURT PERMISSION. THE RULE DOESN'T ALLOW AND THE FAMILY COURT JUDGES DON'T EVEN WANT TO SEE CHILDREN IN THE COURTHOUSE (unless the are chained-up juvenile offenders). This Rule 3.5 prohibition includes bringing the child to hearings on writ of habeas corpus, but does it also include adoption hearings where the child is the subject matter of the hearing? It doesn't say, but there are arguments on both sides. IF YOU ARE ALLOWED TO BRING THE CHILD TO SPEAK TO THE JUDGE, you must immediately notify the court coordinator of the child's presence in the COURTHOUSE AND DON'T BRING THE CHILD INTO THE COURTROOM WITHOUT THE COURT'S (Judge or Associate Judge) EXPRESS PERMISSION TO DO SO. There are serious logistical problems in this Rule.
3.6--[ Scheduling Orders]--You have the duty as an attorney or pro se party entering a pending case to ascertain from the court whether a Scheduling Order has issued and if so, to obtain a copy of the Scheduling Order from the District Clerk's office. If you are a pro se party, the lawyer on the other side of the case must provide you with a copy of the scheduling order if you have made a general appearance in the pending case.
3.7-- [Trials]--What about trial scheduling?
3.7.1--Done by court order 3.7.2--setting the case for trial for a date certain. Cases are put on 2-week dockets and if the case is not reached and assigned to trial by the second Friday after the date it was set, whether because of a continuance or because it was not reached, the court shall reset the case to a date certain. Unless all parties agree otherwise, the setting must comply with all requisites of T.R.C.P. 245 (reasonable notice of not less than 45 days on first setting--request for trial setting is a representation that you in good faith expect to be ready on that date for trial--no other representation may be required of you)
3.7.3--[ Preference for ADR].--Again, the Rules set up a preference in setting cases for trial to those case that have participated in alternate dispute resolution procedures.
3.7.4--[Assignment to Trial]--YOU ARE ASSIGNED TO TRIAL WHEN YOU ARE CALLED TO THE COURT TO COMMENCE THE JURY OR NON-JURY TRIAL ON THE MERITS. The Court is not to assign more than two cases to trial at any one time, one before the judge and one before the associate judge.
3.7.5--[Open Weeks]--Certain weeks on the calendar are kept clear from having trials or ancillary hearings set, unless by agreement of all parties and the Court and you can see the dates in the Rule for yourself.
3.7.6 Continuances--are subject to Rules 251 through 254, TRCP.
3.8--[Judgments and Orders]--THE NEW KICKER UNDER JUDGMENTS AND ORDERS IS A PRESCRIBED TIME FOR COMPLETION AND SUBMISSION, UNLESS OTHERWISE DIRECTED BY THE COURT, FOR SIGNING WITHIN TEN (10) DAYS FROM THE DATE OF RENDITION. If you are selected to draft the Order, you must prepare the judgment or order and furnish all opposing parties with a copy of the proposed judgment or order at least five (5) days prior to entry date. DOESN'T THAT MEAN THAT YOU HAVE 5 DAYS TO PREPARE THE ORDER AND GET IT TO THE OTHER SIDE? All judgments and orders submitted for entry must be signed by the judge within seven (7) working days from the date that the judgments or orders are submitted for entry, unless the judgment or order is rejected by the court. If you come into court on a default or uncontested matter, the Order or Decree must be presented to the Court at the time of hearing on the uncontested or default matter, along with all forms required by governmental entities (the new BVS Reporting Form for SAPCR and Divorce and the §11.155 TFC). COURTS ARE VERY SERIOUS ABOUT THIS MATTER.
NOW, AS FAR AS I AM CONCERNED, THE MOST IMPORTANT ASPECT OF THESE NEW FAMILY COURT RULES RELATE TO DISCOVERY AND THE POTENTIAL SANCTIONS ATTENDANT THERETO. I HAVE CHANGED MY ALREADY OVERLY-LONG CONTRACT, WHICH IS ATTACHED, BECAUSE OF RULE 4, FOR REASONS THAT WILL BE OBVIOUS. Also, Now That You Are Armed with Knowledge as to When and with What You must Respond to in Normal Discovery under the New Civil Rules, Ask Yourself These Questions: Are the New Family Court Rules in Lieu of Production of Document Requests (No, I Don't Think So), Does it Merely Set up a Cascade of Different Discovery Deadlines and Document Production That Will Make Our Jobs More Difficult (Yes, I Think So), Will You Still Have to Do Normal Discovery (Probably) and Is All this New Stuff Fraught with Danger to Us (Yes-sanctions).
RULE 4. DISCLOSURE OF PROPERTY AND FINANCIAL INFORMATION
4.1--How many times have you gone down for a show cause hearing and the other side had not prepared or compiled the required documents? How many times have you gone down to hearing and not have those documents yourself? Well, now there is a RULE which REQUIRES YOU in ANY HEARING FOR TEMPORARY ORDERS IN WHICH CHILD SUPPORT OR SPOUSAL SUPPORT IS AN ISSUE, to complete and exchange Financial Information Statements, copies of income tax returns for the past two years, and your two most recent payroll stubs PRIOR TO THE COMMENCEMENT OF THE HEARING. This new rule is also a discovery request and you can be sanctioned for failure to comply, as provided by Rule 215 of the T.R.C.P.. For those of you who are unfamiliar with Rule 215, the punishments can range from attorneys fees to the striking of pleadings and allowing a default to be taken, to limiting evidence and causes of action and in general, very serious stuff. If you convince the judge or associate judge that the failure to comply was not willful, which to me means intentional, you might not be sanctioned.
4.2--Final Information. FOR TRIAL
A party's final Inventory, Financial Information Statement (yes an up-to-date one) and financial information under the Tex. Fam. Code including, but not limited to, the party's income tax returns for the past two years (again) and the party's two most recent payroll stubs, AS WELL AS SUGGESTED FINDINGS REGARDING CHILD SUPPORT AND A PROPOSED DIVISION OF PROPERTY MUST BE EXCHANGED NO LATER THAN TEN (10) DAYS BEFORE TRIAL, AND SHALL BE FILED WITH THE COURT BEFORE THE COMMENCEMENT OF TRIAL. If children are involved in the proceeding, the INVENTORY MUST CONTAIN sufficient information so the court may render a qualified medical child support order regarding health insurance for the children. This is also a discovery request under the Rules and violations are subject to Rule 215 sanctions. Do you get the feeling that sanctions will run us all out of the practice of law?
4.3--[Inventory].--Inventories have been ordered to be in a certain format. I GUESS I WILL FINALLY HAVE TO LEARN HOW TO DO SPREADSHEETS. It must list: each item of property and its value, each liability together with the amount of the liability, the number of periodic payments in arrears, if any, on that liability, the property securing the liability's payment, and the name of the creditor. You must characterize any property or liability claimed to be separate property. All beneficial interests in insurance and all employment benefits (such as pensions, profit sharing plans, savings or thrift plans, whether vested or non-vested) shall be individually identified in the Inventory and each party must incorporate as an exhibit to the inventory the last information furnished by the company about the employee's rights and monetary interest in the retirement and savings plans. You must also provide the Court with sufficient information to render a qualified domestic relations order, if applicable. NOTE THAT QDROS ARE GOVERNED BY CORPORATE PENSION PLANS THAT ARE QUITE LENGTHY AND NOT ALWAYS EASILY ACCESSIBLE. SOMETIMES YOU CAN GET A COPY AS A SAMPLE. The Inventory must have attached to it a totaled list in columnar format, the property values and liabilities. Each inventory must show the net worth of the community estate and the net worth of any claimed separate estate.
4.4--[DUTY of Disclosure]--THIS IS SOMETHING VERY NEW AND IS AN ADDITIONAL REASON FOR MY CONTRACT CHANGES.
WITHOUT WAITING FOR A DISCOVERY REQUEST FROM THE OTHER SIDE, each party to a suit for divorce, annulment, or a suit in which child or spousal support is in issue, HAS A DUTY TO DISCLOSE CERTAIN INFORMATION TO THE OTHER PARTY. "Disclosure" is defined in this Rule to mean providing for inspection and copying the information in the party's "possession, custody or control," as that phrase is defined in Rule 166b(2)(b) of the T.R.C.P.. DIFFERENT TYPES OF SUITS REQUIRE DISCLOSURE OF DIFFERENT INFORMATION. In a suit for divorce and SAPCR, both are required.
4.4.1--[Disclosure in Suit for DIVORCE OR ANNULMENT]--Each party to a suit for divorce or annulment shall provide the other side with the following information about property in which the party claims an interest:
- all documents pertaining to real estate;
- all documents pertaining to any pension, retirement, profit-sharing, or other employee benefit plan, together with the most recent account statement for any plan;
- All documents pertaining to any life, casualty, liability, and health insurance;
- the most recent account statement pertaining to any account located with any financial institution including, but not limited to, banks, savings & loans, credit unions, and brokerage firms.
4.4.2--[Disclosure in Suit in which CHILD OR SPOUSAL SUPPORT IS IN ISSUE]--WHICH WOULD INCLUDE SAPCR-CONSERVATORSHIP CASES--Each party to a suit in which child support or spousal support is in issue must provide the other party with the following information:
- all policies, statements, and description of benefits which reflect any and all medical and health insurance coverage that is or would be available for the child or the spouse; (4.4.1.3 also would requires this)
- Unless the information has previously been exchanged in connection with a temporary hearing (Rule 4.1), a Financial Information Statement for the party, together with that party's previous two years income tax returns and two most recent payroll check stubs, or, if no payroll check stubs are available, the party's latest Form W-2.
4.4.3 [Failure to Comply]--Rule 215 sanctions for failure to comply.
4.4.4--[Method of Disclosure]--
- Timing of Disclosure.
Disclosure required under this rule shall be made as follows:- IF YOU ARE A PETITIONER OR MOVANT, you must disclose within 30 days after the Respondent files Respondent's first pleading or makes a general appearance in the case;
- IF YOU ARE A RESPONDENT, you must disclose within 30 days after Respondent files his/her first pleading or makes a general appearance in the case, WHICHEVER OCCURS FIRST.
- Delivery of Disclosure.--The rule requires that you make the disclosure required under this rule by furnishing the information to the opposing party's attorney of record or, if the opposing party is pro se, by furnishing the disclosures to the opposing party at the party's address. Apparently, we cannot merely make these documents available for inspection and copying, if the documents are of any interest to the other party or the attorney. If we don't agree otherwise, we must make copies and send them regardless. Additionally, as if we cannot be trusted to comply with this rule, each party making a disclosure shall promptly file a notice with the court advising that the required disclosure has taken place. ANOTHER DOCUMENT TO FILE TO SHOW YOU HAVE FOLLOWED THE RULE.
4.4.5--Duty to Supplement.--Just like in the New Discovery rules and in the old discovery rules, each party is under a duty to reasonably supplement or to amend the information if the party obtains information on the basis of which he or she knows that the information disclosed was either incomplete or incorrect when made, or is no longer complete or true. IS THIS IN ADDITION TO YOUR DUTY TO SUPPLEMENT NORMAL DISCOVERY? THERE APPEARS TO BE NO TIME LIMIT PARAMETERS TO SUPPLEMENT UNDER THIS RULE.
4.4.6 Rule 11-Of course you can modify this rule by agreement pursuant to Rule 11 of T.R.C.P..
RULE 5. REQUIREMENTS FOR CERTAIN DOCUMENTS --NOW WE HAVE TO MAKE AN ATTEMPT TO WORK OUT ALL MOTIONS AND DISAGREEMENTS.
5.1 Certificate of Conference.
5.1.1 Unopposed motions*
We must label all unopposed motions "Unopposed" in the caption.
5.1.2 Opposed motions*.
All opposed motions requires a certificate that:
1) states that the Movant and respondent have conferred with each other and in good faith have attempted to resolve the matter, (CAN ADVERSE PARTIES EVER AGREE TO THIS?) and 2) identifies the basis of disagreement between counsel (HOW CAN WE KNOW, IF UNSTATED?); or
3) states that the parties have not been able to confer, AND STATES IN DETAIL ALL EFFORTS MADE TO CONFER, INCLUDING DATES AND METHODS OF ATTEMPTED COMMUNICATION. (WHAT WILL YOU PUT ON YOUR CONFERENCE LOG?)
WOW! WE EITHER AGREE ON THE ISSUES RAISED IN THE MOTION OR SPEND THE REST OF OUR LIVES FILLING OUT CONFERENCE CALL ATTEMPTS IN A LOG AND DETAILED, SELF-SERVING AND ALWAYS DISPUTABLE LISTING OF OUR GOOD FAITH EFFORTS. MORE PAPERWORK. BUT, MORE IMPORTANTLY, IF YOU DON'T DO IT LIKE THE RULE REQUIRES, the clerk of each court is directed to not submit opposed motions to the judge. Does that mean that some clerk will evaluate our compliance?
5.1.4 Non-Application*.--the only kinds of cases that does not require all the foregoing attempted settlement and documentation are motions for summary judgment, default judgments, agreed judgments, motions for voluntary dismissal or non suit, and motions involving service of citation.
RULE 6. REFERRAL TO ASSOCIATE JUDGE
6.1 Referral.
ALL PENDING CASES AND CASES FILED AFTER THE DATE OF THE ADOPTION OF THESE RULES (DECEMBER 9, 1998) ARE HEREBY REFERRED TO THE ASSOCIATE JUDGE OF EACH COURT PURSUANT TO CHAPTER 201, TEX. FAM. CODE, SUBJECT TO LIMITATIONS IMPOSED by that same chapter. PURSUANT TO §201.005(c) TFC, YOU MUST FILE AN OBJECTION TO THE ASSOCIATE JUDGE HEARING A TRIAL ON THE MERITS NO LATER THAN THE 10TH DAY AFTER RECEIPT OF THE NOTICE ADVISING OF THE ASSOCIATE JUDGE HEARING THE TRIAL. If and objection is timely filed, the Judge will hear the trial.
6.2 Order of Referral.--This Rule constitutes the Order of Referral required by Section 201-006, Tex. Fam. Code, as to any pending or future cases under Title 1, 2, 4, or 5, Tex. Fam. Code. §201.005 (a) ALLOWS AN ASSOC. JUDGE TO HEAR HEARINGS UNDER TITLE 1 (DIV.-- PROP RTS ETC), 4 (PROTECTION OF THE FAMILY--PROTECTIVE ORDERS), OR 5 (SAPCR) ["UNDER THIS TITLE"]. NOTE THAT OUR FAM JUDGES ADDED TITLE 2 (CHILD IN RELATION TO THE FAMILY-REMOVAL OF DISABILITIES, PARENTAL LIABILITY-CHANGE OF NAME. SO, YOU'D BETTER GET TO KNOW YOUR ASSOCIATE JUDGES SINCE THEY WILL BE HEARING MOST OF THE MATTERS IN FAMILY COURT.
RULE 7. ALTERNATE DISPUTE RESOLUTION
7.1 Temporary Hearings.--The Court in cases involving disputed custody or visitation issues at show cause hearings will now, unless inappropriate (FAMILY VIOLENCE), refer a case for mediation to Family Court Services or other private mediators agreed upon by the parties and attorneys.
Additional issues may be mediated by agreement of the parties and attorneys, and attorneys may attend all mediations.
7.2 Final Trial.--UNLESS YOU CAN SHOW GOOD CAUSE, SUCH AS FAMILY VIOLENCE, EVERY CASE MUST BE SUBMITTED FOR MEDIATION OR OTHER ADR PROCEDURE BEFORE TRIAL.
7.3 Settlement Weeks.--UNIMPORTANT
Referral of appropriate cases to alternate dispute resolution procedures shall be made at one or more settlement weeks each year as provided by law.
RULE 8. CONFLICTING ENGAGEMENTS --IF YOU HAVE A CONFLICT WITH A SETTING, YOU NOW HAVE NEW RULES GOVERNING THE PECKING ORDER OF WHICH COURT WINS.
8.1 Inter-County.--All cases between [of all cases between-- [REPEAT-MISTAKE] a Harris County court and a court not in Harris County are governed by the Rules of the 2nd Administrative Judicial Region. DO WE ALL HAVE THOSE RULES (at Bacarisse's office)?
8.2 Intra-County.
Among the trial courts sitting in Harris County:
8.2.1 Trial/Trial.
A trial setting that is assigned takes precedence over a conflicting trial setting not yet assigned; (remember the definition of "assigned"--actually called to trial).
8.2.2 Trial /Non-Trial.
Trial settings take precedence over conflicting non-trial settings, except as to court-ordered mediations in family law cases which are scheduled prior to the assignment to trial;
8.2.3 Non-Trial /Pre-Trial.
The matter which was first filed, regardless of cause number, shall take precedence over non-trial settings, non-court-ordered alternate dispute resolution and non-court-ordered depositions.
8.3 Judge or Associate Judge.
This rule is applicable whether the matter is assigned to the judge or the associate judge of a court.
8.4 Waiver.
The court with precedence may yield.
8.5 Lead Counsel.
This rule operates only where lead counsel, as defined by T.R.C.P. 8, is affected, unless the court expands coverage to other counsel.
8.6 Engaged Counsel.
Counsel is deemed engaged and unavailable for trial if he or she participates in the actual trial or hearing of another case or in court-ordered alternate dispute resolution or court-ordered deposition.
8.7 Reporting of Conflicting Engagements.--You must report promptly to the court immediately upon learning of a conflicting engagement that might preclude that counsel's availability for trial. PROMPTLY TO THE COURT IMMEDIATELY? I'D SUGGEST IMMEDIATELY. Of course, failure to do so may result in sanctions.
RULE 9. VACATIONS OF COUNSEL
9.1 General Rule-codifies old rule, I saw no change of significance.
Subject to the provisions of 9.2 of this rule, an attorney may designate not more than four Weeks of vacation during a calendar year as vacation, during which that attorney will not be assigned to trial or required to engage in any pretrial proceedings. This rule operates only where lead counsel, as defined by T.R.C.P. 8, is affected, unless the court expands coverage to other counsel. The vacation designation shall be honored only if it is made on the vacation letter form approved by the Board of District Judges of the Family Trial Division and is accompanied by the attorney's designation of at least one attorney who has consented to act for the vacationing attorney. The designated attorney shall be called upon to act only if the client consents to the designated attorney's representation, and then only if the court requests the designated attorney's participation in an emergency.
RULE 10. UNIFORMITY
10.1 Letters and Orders.
In managing their dockets under T.R.C.P. 165a, Family Trial Division Judges shall use form letters and orders approved by the Board of District Judges of the Family Trial Division.
10.2 Policies and Procedures.
The Board of District Judges of the Family Trial Division shall establish common policies and procedures on pertinent court business. If practical, policies and procedures shall be posted outside the entrance to each court. MAYBE WE WILL GET SOME GUIDANCE HERE.
RULE 11. ADMINISTRATION OF FAMILY TRIAL DIVISION --only important to the judges
11.1 Presiding Judge.
Each family Trial Division Judge, except the administrative judge, serves as Presiding Judge for a calendar month in rotation in order of judicial district numbers.
11.2 Administrative Judge of the Family Trial Division.
11.2.1 Term--At their regular May meeting, the Family Trial Division judges shall elect an administrative judge of the Family Trial Division for a one year term beginning June 1 and ending the next May 31.
11.2.2 Substitute.--The Administrative Judge of the Family Trial Division may, by written order, designate any other judge of the Division to act for the Administrative Judge if the judge is absent or unable to act. The substitute administrative judge shall have all the duties and authority granted by these rules to the Administrative Judge during the period of the designation.
11.3 Meetings.--The Family Trial Division Judges shall meet regularly each month at times and places as the Administrative Judge of the Family Trial Division may direct by written notice distributed, except in case of emergency, at least 72 hours in advance of the meeting.
11.4 Reports of the Administrative Judge.--On a monthly basis, the District Clerk shall supply to the Administrative Judge of the Family Trial Division information concerning the number of filings, dispositions, trials and other judicial activities in each Family trial Division Court.
RULE 12. PARENT EDUCATION AND COUNSELING
12.1 Attendance at Educational Program.
Except for good cause shown, in all divorces joined with suits affecting the parent-child relationship, the court shall require parents to attend an educational program for divorcing parents. In its discretion, the court may also refer parents involved in modification or enforcement litigation, or a child involved in any type of custody litigation, to an education course or for counseling. In protective order cases authorized by Chapter 85, Tex. Fam. Code, the court may refer a party to a batterer's treatment program.
I have attached my contract because of the new paragraph I added when the Family Court Rules came out. The girth is primarily due to dealing with clients for 27 years. I have also included the new child support calculation tables for 1999, because you may not have them and you should have them, and your own copy of the Family Court Rules.
I leave you with the sagely advice of 2 GREAT AMERICANS. Benjamin Franklin on the subject of Marriage: "Keep your eyes wide open before marriage, half shut afterwards." and George Burns who opined, "I was married by a Judge. I should have asked for a jury." THANK YOU.