33rd / 424th District Courts

Rule 7    FAMILY LAW CASES
7.1    General Civil Rules Applicable
The provisions in Rule 6 apply to all cases under the Texas Family Code except where a provision under this Rule 7 specifically requires otherwise.

7.2    Parental Notification
An application for an order under Section 33.003, Family Code , may be filed in a district court, or the county court-at-law. The application must be filed with the district clerk of the county, who will assign the application to a court as provided by these local rules. If the county clerk receives an application under this rule, the application must be accepted, but the county clerk must then transfer it instanter to the district clerk, and must advise the person tendering the application where it is being transferred.
The district clerk will assign the application to the appropriate court utilizing a rotating system. Each of the eligible courts will be assigned applications under this section for a period of one calendar month pursuant to the following schedule:
Month 1 (January): 33rd District Court
Month 2: County Court-at-Law
Month 3: 424th District Court
Month 4 and beyond, repeat rotation.

If the judge of the assigned court is unavailable, then the district clerk shall assign the application to the judge next in the rotation.

7.3    Policy Statement
The Judges recognize that family law cases have peculiarities which require special consideration such as reconciliation efforts and counseling. Each court retains the right to schedule a case as it deems appropriate and must do so when the interest of justice requires, taking into consideration the complexity and circumstances of the case pursuant to Rule 190.5 of the Texas Rules of Civil Procedure, as amended.

7.4    Case Level and Time Standards for Case Disposition
7.4.1    Track One:
Any suit for divorce not involving children in which a party pleads that the value of the marital estate is more than zero but not more than $50,000 should be concluded at the trial level within three months from the answer due date.
7.4.2    Track Two:
Any suit brought under Title 1, 2, or 5 of the Texas Family Code or involving substantial property issues should be concluded at the trial level no later than nine months from the answer due date.
7.4.3    Track Three:
Any suit brought under Title 1, 2, or 5 of the Texas Family Code or substantial property issues, or complex legal or factual issues should be concluded at the trial level no later than 12 months from the answer due date.

7.5    Scheduling Conference For Track Two and Three Family Cases.
A scheduling conference will be set approximately 30 to 45 days after the answer due date. Prior to the scheduling conference, the parties may seek temporary orders, proceed with discovery or set the case for hearings or final trial in accord with the Texas Rules of Civil Procedure and these rules.
7.5.1    Docket Control Order
At the time of the scheduling conference, or by agreement prior to the date of the scheduling conference, a Docket Control Order will be entered scheduling the case for trial and setting forth deadlines and agreements of the parties necessary to prepare the case for trial. It is expected that the time table for such cases will contain the events and occur on the timetables set forth in Rule 6.5.3, 6.6.2 above for general civil Track Two cases.
If an attorney or a pro se party fails to appear at a scheduling conference without good cause, the Docket Control Order may be entered in his or her absence.

7.6    Child Protection (CPS) Cases
7.6.1    Assignment to Associate Judge.
All cases for protection of children where the State of Texas seeks managing conservatorship shall be assigned to the Associate Judge as designated from time to time by the Presiding Judge of the Third Administrative Judicial Region.
7.6.2    Case Level and Time Standards for Case Disposition
All such cases shall be disposed of as provided by statute.

7.7    Ancillary Proceedings, Temporary Orders and Emergency Matters
7.7.1    Requests for Temporary Restraining Orders
The attorney making the request and submitting same to the judge shall state in writing that: (1) to the best of his knowledge the respondent is not represented by counsel, or (2) he has tried and has been unable to contact opposing counsel about the application, or (3) opposing counsel has been notified of the application and does not wish to be heard, or (4) notifying the respondent or his counsel would cause irreparable harm to the movant.
7.7.2    Where An associate judge has been duly appointed
for the district court and county court-at-law and the following may be heard originally by the associate judge:
7.7.2.1    motions to modify child support;
7.7.2.2    motions to modify visitation orders;
7.7.2.3    motions for temporary restraining orders and motions for temporary orders
in suits for divorce or annulment;
7.7.2.4    motions for temporary restraining orders and motions for temporary orders
in suits affecting the parent-child relationship;
7.7.2.5    a habeas corpus proceeding;
7.7.2.6    motions to enforce child support;
7.7.2.7    hearings requested pursuant to Title 4 of the Texas Family Code;
7.7.2.8    hearings required by Chapter 262 and 263 of the Texas Family Code;
7.7.2.9    motions to transfer;
7.7.2.10    motions to withdraw;
7.7.2.11    motions to dismiss;
7.7.2.12    any other matter referred to the associate judge by the presiding judge.
7.7.3    All motions on ancillary proceedings, temporary orders and emergency matters
shall be presented to the court coordinator for scheduling for hearing before the associate judge or presiding judge as applicable. Proper notice shall be the responsibility of the moving attorney or pro se party. A Docket Control Order shall not be required for hearings set out above unless ordered by the Judge.
7.7.4    Hearings on Temporary Orders
It is the policy of the courts that hearings on temporary orders are conducted in a manner and in a length of time so as to minimize the further fracturing of the marital relationship and (where applicable) the parent-child relationships.  To that end, the judge may limit the amount of time allotted for court hearings until the parties have mediated the temporary matters.
7.7.4.1    Usual time limit.
Except for good cause shown, temporary orders hearings where the parties have not mediated the temporary matters will be limited to one (1) hour, 30 minutes per side.
7.7.4.2    Referral to ADR.
Any case that announces for more than the time limit in Rule 7.7.4.1, or after hearing and such time limit has been reached, the parties should expect that the Court may refer the case to ADR for immediate mediation of the temporary matters. Therefore, counsel who anticipate the greater time need are well-advised to initiate ADR on their own, prior to requesting a hearing on temporary orders.  The courts have mediators available for prompt mediation of these matters.
7.7.4.2.1    Nothing in this Rule should be construed as requiring a person who has been subjected to spousal abuse to mediate any matter relating to such abuse.  In a referral to ADR in that circumstance the parties shall limit the mediation issues to matters essential only to temporary protection of persons and property and, where applicable, protection, support and conservatorship of children.
7.7.4.3    Temporary Orders Hearing Following ADR.
Following ADR procedures, the parties may request a hearing for the purpose of obtaining court approval of the matters settled at mediation or obtaining a Court ruling on unresolved matters.  Where either child support or spousal support is at issue each side shall prepare and exchange at least two (2) days in advance the information required in Rule 7.9.2.

7.8    Referral to IV-D Associate Judge
7.8.1    Where an Associate Judge for Title IV-D matters has been duly appointed
for the district court and county court-at-law and the following will be heard originally by the associate judge:
7.8.1.1    All “IV-D” cases
 filed pursuant to Title IV-D of 42 U.S.C. Sections 651, et seq.,
by direction of § 201.101 et seq. of the Family Code;
7.8.1.2    All support, contempt, and visitation matters
 in which the Texas Department of Human Resources is represented by the Texas Attorney
General’s Office;
7.8.1.3    Any other matter referred to a master by the presiding judge.
7.8.2    Time for Disposition of Title IV-D Cases
Title IV-D cases must be completed in accordance with § 201.110 of the Texas
Family Code.

7.9    Documents Required in Family Law Case
7.9.1    Case Information Sheet
A “Case Information Sheet” and “Response Information Sheet” as promulgated for family law cases must be filed as set forth in Rule 6.8 above.
7.9.2    Where Child or Spousal Support at Issue
In all cases in which support of a spouse and/or child(ren) is in issue, whether temporary or final, each party shall furnish to the court and opposing party:
7.9.2.1    Income and expenses statement.
A statement of monthly income and expenses on the form promulgated by the Court from time-to-time or otherwise in at least as much detail as would be provided if using the promulgated form.
7.9.2.2    Tax returns.
Copies of that party’s federal income tax returns for the two calendar years prior to the hearing.
7.9.2.3    Payroll data.
All payroll statements, pay stubs, W2 forms, and 1099 forms which evidence that party’s earnings for the calendar year prior to the hearing and from January 1 of the current year through the date of the hearing.
7.9.2.4    Financial statements.
Copies of any financial statements filed by that party with any financial institution in the two years prior to the hearing.
7.9.2.5    Child support information.
In all suits involving child support, each party who is a parent shall furnish to the court the information described for determination of child support set out in Section 154.063, Texas Family Code, as amended.
7.9.3    Inventory and Appraisement, When Required
In all cases in which the character, value or division of property or debts is in issue, each party shall file, not less than thirty (30) days prior to final hearing, a Consider making this filed w/in XXX days after answer date.sworn inventory and appraisement of all of the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties.
7.9.4    Composite Inventory and Appraisement
Create form and furnish as Excel sheet.After each party’s sworn inventory and appraisement has been filed, the parties shall file a composite inventory and appraisement worksheet, which will include all items on each party’s sworn inventory and appraisement. The petitioner shall initiate the composite inventory and forward it to the respondent for completion not less than seven (7) days prior to trial. The respondent shall complete and file the composite inventory with the court and serve a copy of the same on the petitioner not less than three (3) days prior to trial. On the composite inventory, each party will indicate in the space provided any asset or liability he or she requests as an award from the court. All values assigned by the parties will be assumed by the court to fairly represent the value each party assigns to the asset or liability described.
7.9.5    Sanctions for Failure to File Required Inventory
If a party or the parties fail to prepare and/or file the initial inventory as required, the court may conduct a pretrial hearing and make such orders with regard to the failure as are just, including but not limited to, sanctions pursuant to Rule 215(2)(b) of the Texas Rules of Civil Procedure, as amended.

7.10    Duration of Orders
No temporary order shall exceed one year in duration from the date the order is signed, except by agreement of the parties or order of the court.

7.11    Parent Education and Family Stabilization Course
7.11.1    Seminar Mandatory
All parties in original suits affecting the parent-child relationship or in suits to modify existing orders of conservatorship or possession shall attend and complete an educational seminar. The content of the seminar or course shall include, but not be limited to:
ï¡’    the emotional effects of divorce on parents;
ï¡’    the emotional and behavioral reactions to divorce by young children and adolescents;
ï¡’    parenting issues relating to the concerns and needs of children at different developmental stages;
ï¡’    stress indicators in young children and adolescents;
ï¡’    conflict management;
ï¡’    family stabilization through development of a co-parenting relationship;
ï¡’    the financial responsibilities of parenting;
ï¡’    family violence, spousal abuse, and child abuse and neglect; and
ï¡’    the availability of community services and resources.
7.11.2    Compliant Courses
A course taken in compliance with Section 105.009 of the Texas Family Code, as amended, satisfies the requirements of this rule. A list of approved programs in the area and dates and times for such programs can be obtained from the office of the District Clerk. Parties who wish to satisfy the requirement with another program may submit information regarding the program to the referring court to whom the case is assigned for approval prior to enrollment in the program. The requirement of a parenting program may be waived by the referring court for good cause shown.
7.11.3    Fees
Each party shall attend the seminar or approved service of equal value at that party’s sole cost and expense. The fee shall be payable to the service provider prior to the program date. The fee for the seminar shall be reduced or waived in cases of indigency as determined by the court.
7.11.4    Deadline for Completion
The seminar shall be initiated within thirty days from the answer due date, and evidence of completion filed with the court at least seven days prior to the final hearing.
7.11.5    Verification of Attendance
Each party completing the seminar shall be provided with a certificate of attendance which that party shall present to the court prior to final hearing of the case.
7.11.6    Sanctions
The court may take appropriate action with regard to a party who fails to attend or complete a course or seminar ordered by the court, including holding the party in contempt of court, striking pleadings, or invoking any sanction provided by Rule 215, Texas Rules of Civil Procedure, as amended.