Sections 1-3 - Definitions and General Rules

Rule 1    Applicability and Effective Date
These Rules shall be effective after approval by the Supreme Court of Texas.

Rule 2    DEFINITIONS
2.1    “Judge or the Court”
means the judge presiding in the court applicable in the context.
2.2    “District Judge”
means the Presiding Judge of the applicable District according to the context.  The phrase “district judges” refers to an action taken mutually by both presiding district judges.
2.3    “Assigned Judge”
means a judge assigned by the Presiding Judge of the 3rd Administration Judicial Region pursuant to Sect. 74.___ or ____ of the Texas Government Code.
2.4    “District”
means the 33rd or 424th Judicial District, or both, according to the context.
2.5    “the County”
means one, or each, of the four counties of the District, as applicable in the context.
2.6    “County court-at-law”
means the County Court-at-Law of Burnet County or of any other county adopting these rules.
2.7    “the courts”
means both the district courts and the county court-at-law.
2.8    “clerk” or “the clerk”
means the district clerk as to matters in the district courts and the county clerk as to matters in the county court-at-law, as applicable in the context, and “clerks” refer to the district clerk and each of the county clerks.
2.9    “Counsel”
When necessary to the context, the term “counsel” shall refer to conduct of a party proceeding pro se.  All rules of court promulgated by competent authority, including these Local Rules, shall apply to pro se parties just as they apply to attorneys.
2.10    “Prosecuting Attorney”
refers to the District Attorney or County Attorney as applicable in the context.
2.11    “
2.12    :
2.13    “
2.14    “

Rule 3    GENERAL
3.1    Promulgated Forms
Forms (such as Notice of Setting, Case Information Sheet, etc.) will be designed and promulgated from time to time by the judges.  Those forms will be published separately from these Rules and do not require the approval of the Supreme Court for modification. Such forms are available in the office of the clerk of the court and may also be available in electronic form on the court website.
3.2    Court Sessions, Annual Calendars, Holidays
3.2.1    District Courts
The district courts shall each publish annually a joint calendar setting out a schedule for jury and non-jury weeks for each respective court. Copies of such calendar will be kept in the district clerk's office and the county clerk's office and will be furnished upon request.
3.2.2    County Court-at-law.
The County Court-at-Law shall publish a calendar annually setting out a schedule for jury and non-jury weeks for each respective court. Copies of such calendar will be kept in the district clerk's office and the county clerk's office and will be furnished upon request.
3.2.3    Official Holidays
The District Court will, in each county of the District, observe those holidays set by consensus of the county public officials and published by the Commissioners Court of the County, except as ordered otherwise in order to dispose of the work of the Court in a timely manner.
3.3    Hours of Court Proceedings
Court shall be held at such times as may be determined expedient by the judge of each court.
3.4    Where to file in the district courts
Notwithstanding the court of filing, the district courts have concurrent jurisdiction and automatic bench exchange.
3.4.1    Criminal Cases – 33rd
However, the criminal docket will be shared between the 33rd and 424th.  The single-district filing scheme is done for convenience of the clerk’s docketing and scheduling by the court coordination staff.
3.4.2    Juvenile Cases – 33rd
The judge of the 33rd district court is designated as the Juvenile Court Judge and the Chair of the Juvenile Boards of each of the counties.
3.4.3    Child Protection (CPS) – 33rd
CPS cases will continue to be heard by the Associate Judge for the Cluster Court.  The 33rd Judicial District is the one which by Supreme Court order is part of that Cluster Court, thus the filings need to remain in the 33rd.  However, either district court can hear CPS cases that are returned to the referring court.
3.4.4    Family & General Civil
3.4.4.1    Blanco County – 424th
3.4.4.2    Burnet County – 33rd except
 that family law cases are filed in the 33rd or the Burnet County Court-at-law as determined from tme-to-time by the respective local administrative judges by local administrative order.
3.4.4.3    Llano County – 424th
3.4.4.4    San Saba County – 33rd
3.5    Statistical Reporting to Office of Court Administration
The case statistics reported by each district clerk to the Office of Court Administration shall be reported jointly for the district courts.

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