williamson county local rules

8/8/2019 Williamson County Local Rules

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COUNTY

LOCAL RULES

20(AMENDED JAN. 2007)


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TABLE OF CONTENTSGENERAL RULES APPLICABLE TO ALL DISTRICT COURTSANDCOUNTY COURTSAT LAWA . Decorum..............................................................................................................B. Uncontested Docket ..........................................................................................C TRO's and other Cases ofExtraordinary Relief............................................D . Hearing Conducted by Telephone................................................................E Vacations of ounsel .........................................................................................F Electronically Transmitted Documents .......................................................... .G. Local PresidingJudge ....................... ................................................................H. Rules of Administration - Third Administrative Judicid Region .................

I3. FAh4ILY JAW RULES APPLICABLETO ALLDISTRICT COURTSANDCOUNTY COLTITS AT LACY,A. G e n e d Rules................................................................................................... -1B. Setting t h e Case................................................................................................ 1C. Ancillary Family Law Orders...................................................................... 1D. Pre-Trial Procedures....................................................................................... -E. Dismissal Docket.............................................................................................. 1F. Judicial Bypass of Parental Notification c y m e Doe" cases) ................

111. CIVIL RULESA. General Rules................................................................................................... "1B. Setting the Case................................................................................................ 1C. Pre-Trial Procedures.......................................................................................... 2D. Dismissal Docket........................................................................................... 2

IV. DIS'I'RICTCOURTCRIMINALRULES. .A. General Provisions..................................................................................... "-B. Grand JuryTerms............................................................................................. -C Assignment of ases.......................................................................................D. Attorney of Record ......................................................................................E WithdrawaIofCounseF .................................................................................... .F. In~tlal ppearance..............................................................................................G. Pre-Trial m d Trial Settings .............................................................................H. Discovery............................................................................................................

V. COUNTY COURTAT LAW CRIMINAL RULESA. General Provisions............................................................................................B. Assignment of Cases...................................................................................... -C. Attorney of Record ................................................................................................................................................ Withdrawal of Counsel ...................... .E Xnitlal Appearance .............................................................................................

F. Pre-Trial and T r i a l Settings...............................................................................G. Probation Intake Interview.............................................................................


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SECTION IGENERALRULES APPLICABLETOALLDISTRICT COURTS

AND COUNTYCOURTS AT LAW

A. DECORUMA.1. Opening Procedure. Immediately before the scheduled time for the first cou

session on each day, the Bailiff s h d direct all persons present to their seats ashall cause the courtroom to come to order. As the Judge (or Master) enterscourttoom the Bailiff shall state:"Everyone rise, please."And while everyone is s t d l standmg, the Bad8 shall announce:"The Court ofWilliamson County, Texas, is now in session. Judge-presiding, Be seated, please."

A.2. Recess. When the Judge (or Master) announces a recess, the Bailtff shall stat"Everyonerise, please."And all shall remain s t a n b g und the Judge (orMaster) enters and s h d then st"Be seated, please."Before a recess of a jury trial>&e Jury d l e excused andd ther persons presshall rise while the Bailiff conducts the Jury from the courtroom into the juryroom.

A.3. G e ne d Rules of Courtroom Conducta. All officers of t h e Court, and all otherparticipants, except witnesses w

have been placed under the Rule, shall promptly enter the courtroobefore the scheduled time for each court session. When the Bailiff cshe Court to order, complete order should be observed.

b. In the courtrooms, there shall be:1) No tobacco used;


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2) No chewing gum used by a witness or by any Attorney whileinterrogating a wieness or addressing the Judge or Jury;

3) No reading of newspapers or magazines;4) No bottles, cups or beverage containers except court water pitch

and cups;5) No edibles;6) No propping of feet on tables or chairs;7) No noise or taking that interferes with court proceedings;8) N o ives or hearms

c . The Judge, the Attorneys, and other officers of the Court refer to aaddress other court officers and participants in the proceeding

respectfully and impersonally by using appropriatetides and surnamesrather than fist names. The form of address toward a Judge shallbe"Your Honor". Any reference to the Judge shall be to "The Court".

d. The oath will be administered in a manner caldat ed to impress uponthe witnesses the importance and solemnity of the promise to adhere tthe truth.

A.4. Conduct of Attomevsa. Attorneys should observe the letter and spirit of dlcanons of ethic,

including those dealingwith discussion of cases with representativesof the medm and those concerningimproper ex px t e communicationswith the Judge;

b. Attorneys should advise their cients and wimesses of local Rules ofDeconun that may be applicable;

c. All objections, arguments, and other comments by Counsel shall bedirected to the Judge or Jury and not to opposing Counsel;

d. While another Attorney is addressing the Judge or Jury, an Attorney3


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should not stand for any purpose except to claim the right to interruptthe Attorney who is speaking to make a proper objection;

e . Attorneys should not approach the bench without leave of court;should Jeave the courtroom only upon being granted permission toleave, and, should never lean on the bench;

f. Attorneys shall remain seated at the counsel tables at dl dmes except;(1) when the Judge or Jury enters and leaves;(2 ) when addressing theJudge or Jury; and(3) wheneveritrnaybepxopertohandledocuments,exhibit

or other evidence. ( Leave of court is required.). Attorneys should antiupate any need to move fimiture, appliances, or eaand should make advance arrangementswith the Ballrff. Such moving

arrangements should not take place during court sessions if at dlpossiA.5. Dress Code

a. AU officers of the Court shall dress appropriately for court sessions;appropriate dress entails attire suitable for formal professional.oxbusiness engagements.

b. Jurors, witnesses, parties and members of the public should dressappropriately.

A.6. Conduct of Photom~hersnd of Television and Broadcasthq PersonnelThe media must obtain prior permission of the Court, and if said permissiongranted, the following d e s apply :a. Television. One fixed video camera with one operator will be permitte

in the courbtoom during the trial. No camera lights will be permittedthe corzrtroorn. The variouS television stations will have to agreeto shthe tape and agree upon whose camera will be located in the courtroomTherewsU be no other television or movie film permitted in thecourtroom. No interviews of any kuEd will be permitted in the


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c o ~ 0 o r n . o filmingwiU be permitted through the windows in thecourtroom door. No films, videos or photos s h d be made of any juroinvolved in the case. No wimess should be filmed or photographedunless advance written permission is obtained from the witness.

b . Other Media. Radio, print and television, media representativeswill bepermitted in the courtroom so long as there is adequate seating for pubaccess to the courtroom. Still camera ph ot op ph s without flash will bpermitted in the coumoom so long as the operator takes pictures fromhis or her seat without changmg location in t h e courtroom or creatingdrsturbance or disruption. No interviews shall be held in the courtrooSo long as allmedia representatives honor the Court's ru les concerningmedia in the courtroom, these d e s will remain in effect. Any violatioin these rules wdl result in the exclusion of all filming, hotographinginterviewing inside the Justice Center for the duration of that txral.

B. UNCONrnSTED DOCKETEach Courtwill establish procedures for uncontested cases f2ed in that Court.

C. TRO'S, WRITS OF ATTACHMENT, W T S OF GARNISHMENT, WRITSSEQUESTRATIONC.1. Presentation. Cases requesting extraordinary relief shall be presented by the

Attorney to the Judge inwhose court the case is pending. If that judge isunavailable and ifwaiting for that Judge to become available would result inemergency situation, then the matter may be presented to another Judge forconsideration.

C.2. TROk inNon-Family Civil Cases. County Coua at Law Judges wiZl notp t RO's in non-fmily District Court cases.


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C. 3. Notice. Beforepresenting a TRO or any petition for extraordinaryrelief, theAttorney representing the Defendant or Respondent, if known,must be notby the Plaintiffs or Movant's Attorney and given the opportunity to appearPlaintiffs or Movant's Attorney.

D. HEARINGS CONDUCTED BY PHONE

ID. 1. Agreement. At the discretion of the Judge and after arrangementshave beenmade in advance for the Judge to be available,hewings not requiring theintroduction of evidencemay be conducted by telephone conference calls.

D.2. Arrangements. The Court Coordinator should not be requested to makearrangements. The Attorney requesting the conference is responsible for

arranging the telephone conference c d . A Judge will not initiate a conferenccall. All arrangementswith telephone operators must be made by an Attorne

D. 3. Record. A court reporter shall be provided by the Court during these calls.request by an Attorney for such an arrangement must be made in advance.

D.4. Coua Discretion. At any time, even after the completion of a conference cJudge may determine that a hearing by telephone will not be sufficientand mrequire a hearing in court upon notice to all parties.

E. VACATION OF COUNSELAny Attorney may designate not more than four weeks during the year as vaca~onduring which time he will not be assigned to trial or required to engage inanypretrproceedings. The writ-ten designation must be fdedwith the Clerk with a copy to aCourt Coordinators no less than ninety (90) days inadvance of t h e vacation. Thisoperates only where lead Counsel, as defined by T.R.C.P. 8, is affected, unless theCourt expands coverage ta other Counsel.

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* " F. ELECTRONICALLY TRPLNSMImD COURT D O C U m T SThe following rules govern the procedure for the District Clerk of WilliamsonCounty ("the Clerk") to receive and fiIe eIectronidy .transmittedcourt documents,F. 1 . Receipt. The Clerk is authorized to accept for filingvia electronic transmissio

any document which might be filed in a court action except:a) returns of senice on issuances;b) bonds;c) signed orders or judgments;

F.2. Paper Quaht~ .Documents electronically transmitted for filing d l e receivedthe Clerk on a plain paper facsimile and printed by a laser printer, therebyrendering the copy of arch id quality. No document printed on thermal papershall be fded.

F. 3. Feeand Payment. No documents dectmnicallytransmittedshdbeacceptedthe Clerk for flinguntil court costs and fees have been paid. Court costs andfees shall be paid by a payment method authorized by the Clerk. Docllmentstendered to the Clerk dectronicdy without payment of court costs and fees, owith incomplete information for payment, or which do not conform toapplicable rules, will not be fled. If t h e Clerk rejects a f h g 7 he clerk will no*the sender as soon as practicabIe.

F.4. Fee Schedule. A fee schedule for electronic filing shall be adopted annually bythe Clerk and approved by the DistrictJudges.

F. 5. Original Records. An electronically transmitted document accepted for f h gbe recognized as the original record of file or for evidentiary purposes when itbears the Clerk's o f f i d date and time file stamp.

F. 6. Requirements. Every document electronically transmitted for f i g hall


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conform to the requirements for fling establishedby the Texas Rules of CiviProcedure, i.e., shall be on paper measuringapproximately8 1 2 x I I inchesshall be signed individually by the party or the party \ attorneyof record, andshall contain that individual's State Bar of Texas identification number, if any

address, telephone number and telecopier number. The quality of the originahard copy shall be clear and dark enough to transmit legibly.

F. 7. Original Signature. The sender shall maintain the original of the document woriginal signature affixed as required by Section 51.806, Texas GovernmentCode.

F. 8- Cover Sheet. A cover sheet must accompany every transmission which shall

a) clearly iden* the sender, the documents being transmitted,and thenumber of pages;

b) have dear and candse instructions concerning issuance of other requeand

c) have complete information on the payment authorization for court coand fees.

F. 9. Verification. The CIerk upon receipt of an electronically transmitted documeshall verify the completeness of the transmission.

F.lO. Acknmled-gent. After frling an electronically transmitted document,the Clerk will electronicdy transmit to th e sender an acknowledgementof thfling,togetherwith cost receipts, if any.

F.ll. Seals. N o c i ~ t i o n o r w r i t b e a r i n g t h e o f f i d s d o f t h e c o u ~ m a y b etransmitted electronically.

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F.12. Filinn. Electronic transmission of a document does not constitute filing. Filinis complete when the Clerk's official date and h e ile stamp is affixed to thedocument. Each page of any document eceived by the Clerkwill beautomalticallyimprinted with the date and time of receipt. The date and timeimprinted on the Iast page of a document wd determine the time of receipt bunot time of filing. Transmissions completed during a normal business daybefore 5:00p.m. and accepted for filingwill be filed on the day of the receipt..

Transmissions completed after 5:00 p.m., on weekends ox holidays will be verifand filed before 10:OO a.m. on the first business day folIowing receipttr;tnsmission. The sender is responsible for determining if there areany changes in normal business hours.

G. LOCAL PWSLDING JUDGEBy agreement of the Judges of the District Courts and County Courts at Law, ah c d PresidingJudge will be elected in January of each even-numbered year. If anyJudge decides to object to this process at any time then the District Court Judges s h delect a Local PresidingJudge and the County Courts at Law Judges shall elect a LocdPresiding Judge to serve until the next January that falls in an even year and for two yeterms thereafter.

H. RULES OF ADMINISTRATION - THIRD ADMINISTRATIVE JUDICIALREGIONThe Trial Courts of Williamson County adopt the Rdes of Administration,ThirdAdministrativeJ u d i d Regmn of Texas, effectiveJanuary 9,1388, which are made apart of these Rules (See attached Exhhit "Af').If theseEocal d e s confict with theRuof Administration, then the latter will prevail.


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FAMILY LAW -RULES APPLICABLE TOALL DISTRICT COURTSAND COUNTY COURTSAT LAW

A. GENERAL,RlJLESA. 1. RandomFiling AET suits authosidunder the FamilyCode shall be filed on amdom

basis by theDistrictClerk as follows: 50% in the Distrrct Courts,of those 75% are to beassigned to the 425' Judicial District Courts, and 25% to the 39stbJudicialDistrict Court;and 50% tofheCountyCourts atLaw inWilliamsonCountydistributed as fo11ows: 10%each to the CountyCourtsatLaw #I, #2, #3, and 20 % to CountyCourtatLaw #4

A.2. Children'sInterest Seminar.(a) The courtmay require partiesinall suits affecting the parent-chld relationship

filed inWilliamsanCounty tomccesIIbcompletea seminarthat addressestheissues co&ontlng children that are the subjectofdivorce,custodyand childsupport itigation. Exhibit"B" attachedheretoand incapmated herein for allpurposes describes the seminar. Each party is responsible forpayment of theappropriate fees.

(b) The seminarshall be successfully completedwithin 60 ays o f h b c e f theoriginalpetitionuponmpmdmt,or f service swaived, then within60daysofthewaiver ofcitatian

(c) Upon aparty's failure to successfully complete the seminarpursuant to this rule,the Courtmay take appropriate action, including contempt, strikingof nypleading, arany of the sanctionsW d inRule 215 of the TexasRules ofCivilPKodWe.

(d) Far g m d ause shown, the C ~ May waive the requirementoafcompletionof theseminar.

13. S E mG T H E C A S E .B-1. Corn ~ a ~ / A d m i n i ~ t o t t o tll settings fornon-jurymattersandjury rials shalllx

dam though the oficeoftheCrnrrt CM3rdinatw/Administratmor the court inwhich thecase is pending. No setting forjury trial will be given until the proper jury fee has been paid.At the time ajury rial is set, theCourt CoordinatortAdministratm hall schedule er, date

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31 In multi-party cases, "Before setting this matter for hearing, Iattempted to resoIve this dispute by sending the attached letteall Counsd of record."

b) The Court Coordmator urlZZ not set any pre- trialmatter for hearing unit is accompaniedby one of the foregoing cer&cates.

c) This d e oes not apply to cases in which no opposingAttorney has entan appearance, or to matters invoIving family violence, habeas corpus,attachment, contempt of court, or temporary orders.

ANCILLARYFAMILY LAW ORDERSC.1. Administration, The Child Support Division of the Williamson County Ilismc

Clerk is designated as the adminis&atosfor all Williamson County Courts havinfamily law jurisdiction for all spousal and child supportpayments. Every orderdecree requiring such support payment shall require all payments be made throthe Williamson County District Clerk's office, except for those cases where anOrder of Assignment has been signed ordering payment directly to the AttorneGeneral's office.

C. 2. Information. The party who is to receive support shall provide to theWilliamson County District Clerk's office the information required by that of

C. 3. Wage Assignment Order. T h e party is ta receive support through a wageassignment is responsible for presenkg the wage assignment order to the Judiat all possible, at the h e decree of divorce or order moddymg a prior ordis signed. The party is also responsible for having all documents required by thDistrict Clerk for forwardingwage assignments completed and fled with thewage assignment order.

C.4. Other Forms. The partywho is responsible for preparinga decree of divorctheJudge to sign is dso responsible fo r completing any vital statistics forms other documents required by the District Clerk's office.


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C.5. QDRO- The party who is to receive a portion of another party's retirementbenefit through a domestic relations order is responsible to present the order,

at all possible, at the h e he decree of h r c e s signed.

PRE-TRIAL PROCEDURES XN FAMILY LAW CASESThe Williamson County Courts having famly law jurisdiction require the foflowingprocedures for family law matters. l?ursuant to Rule 166,Texas Rules of CiviiProcedure, it is hereby ordered that these rules constitute a standing pretrial anddiscoveryorder in all suits affecting the parent-child relationship, and in all actions tornoddy or enforce orders in those suits.D. 1. Inventory and Appraisement

a) Within fifly days of appearance date, each party shall hle with the DistrClerk, a copy being h i s h e d to the Judge, opposing Counsel and proparties, a sworn inventory and appraisernent of all: property (bothseparate and community) of the parties, inclur3mgany propertybelonging to children of the parties.

b) In the event of the &g of a written agreement completely settlingtheproperty of the parties to such action and all custody and support mattit shall not be necessary to file such inventories and appmisernents.

c) The failure to timely f le such inventories and appraisements,affidavitsstatementsmay result, in addition to other sanctionsprovided by law, icontinuanceof temporary alimony and/or support or in thediscontfnumceof same, dependingupon the party failing to comply wthese rules.

S) The parties may agree in writing to exchange inventories withoutfiling the inventories or to delay filing inventories beyond &?tydays after a petition for divorce is filed.

D.2. Proposed Disposition of Issuesa) Before 5:00 p.m. on the date that is seven (7) days prior to the date set

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for a trd on the merits for any divorce each party shall deliver tothe opposing party and to the Coua Coordinator of the Court inwhichthe case is fde a Proposed Disposition ofIssues, fully completed and inthe form attached as Exhibit "C" to these Rules.

b) If the parb-es have an agreement on all issues pertaining to the division ofcommunity property and community debt, and the triat on the merits onthe Court's docket setting remains at the time the parties are required todeliver the Proposed Disposition of Issues, the parties shall deliver tothe Court Coordinator either a signed copy of their written agreement or asingle Proposed Disposition of Issues stating their agreement andsigned by both parties.

D. 3. Proposed Support Decision and Information' a> Before 5:00 p.m. on the date that is seven (7) days prior to the date

set for a trialon the merits before a Judge to determine an amount ofchild or spousal support, each party s h d deliver to the opposingparty andto the Court Coordinator of the Court in which the case is filed aProposed Support Decision and Information, M y completed and inthe form attached to these Rules as Exhibit '73".

b) If the parties have an agreement on dl ssues pertaining to support, andthe s e b g emains on the Couds docket at the t ime when the ProposedSupport Decision and Information forms must be delivered, the partiesshall deliver to the Cow Coordinator either a signed copy of their writtenagreement or a single Proposed Support Decision and Informationstating their agreement and signed by both parties.

D.4. Settlement Conference Certification. Before 5:09 p.m. on the date that is seven(7) days prior:to the date set, rhe parties shall certify in writing to theJudgethat a settlement conference has been held. Earlure to cemfy tha t a settlement

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conference has occurred may result in sanctions for t h e non-ce-g party.

D. 5. Proposed Support Decision - Tern oram Orders. IrnmecbteIy before a hearon temporary orders in which the Court must decide temporary child supportemporary spousal support, each p a q shall deliver to the opposing party ifknown, and to the Court,a Proposed Support Decision and Information,f i l ly completed and in the form attached to these Rules as Exhibit 'TI".

D.6. Proposed Disposition of Other Issues. Except for temporary orders requiremat the time any party is required by these Rules to deliver one or more disputeagreed pxe-& forms, the party shall also deliver to each opposingparty and toC ow Coorhator a Proposed Disposition of Other Issues, which s h d stseparately in brief, complete sentences each tlcEal or hearing decision that is sobJ the party net covered by a required form.

D. 7. Waiver of Issues. All issues not stated as required by these RuIes may be deewaived except upon a showing of good cause for failure to comply with sheRules.

D.8. Sanctions. If at the t ime pre-trial forms (excluding inventories) arerequired to be delivered to the Court Coardmator, all parties in a case fadto deliver the forms, the setting for that case may be stricken, un less the caseset for ttialby the Court after notice of intent to dismiss forwant of prosecu

D.9. Extension. A Court Coordinator is not authorized to extend the time fordeliveringpre-trial forms.

D.10. Pre-Trial Sanctions Conference. If it appears that there has been a failure tocomplywith the Rules, the Judge may conduct a pre-trial sanctions conferenc


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immediately before commencing the trialor hearing. If the Judgedetermines upon hearing that there has been such a failure, one or more of thesanctions stated in Rule 215, Texas Rules of Civil Procedure ,may be imposedagainst any party or Attorney responsible fox the failure.

D.11 Use of Forms. Subject to the applicable rules of evidence, the pre-;ttral formsrequired by these Rules may be used during the triaZor hearingand may bemarked as exhibits. The forms shall not be Wed xv i t h the District Clerk at anytime. The forrns axe not required for any hearing before a Title N D Master.

D-12. No Waiver. The provision and requirements of these Rules (except for sworninventories)may not be waived or modified by agreement of the parties. TheseRules shall not be constructed as a substitute for ox as any limitation upon, apre-trxal or bscovery right or proceeding pursuant to the Texas Rules of CivilProcedure. In cases subject to these local Rules, as in other cases, Texas pre-trialconference and discoveryRules shall be utilized.

E. DE&IISSAL DOCKET, INTTOLUNTARYDISMISSALE. 1. Time. At least once a year, all domestic relations cases which have been on file

for more than 180 days and all cases which have been continued by agreementthree times shall be placed on a dismissal docket and sent a notice of the Court'sintention to dismiss the case for want of prosecution as provided by Texas Ruleof Civil.Procedure 165 a. Written motions to remove a case from the dismissaldocket must be presented to theJudge prior to the notified date of dismissal.

E.2. Dismissal. If no appearance or announcement is made when the case is calledfor ;trial, the cased e dismissed for want of prosecution at tha t h e .

E.3. Reset. Where motions to r a m case from dismissal docket are granted, thecase shall be set for tri;ll. The party or Attorney setting the case shall givenotice to opposing Counsel according to the Rules of Civil Procedure.


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F. JUDICIAL BYPASS OF PARENTALNOTIFICATION ("JANE DOE cases")Pursuant to Chapter 33 of the Texas Family Code, the Williamson County Courtsrequire the followingprocedures in cases seekrng judrcd bypass of parental notificatfor the purposes of obtaining an abortion. These cases will be referred to herein as'Jane Doe cases",

F.1. District Clerk Designated. A "Jane Doe caseY'application ay be filed witheither the Distict Clerk or the County Clerk, but if an applicationis receivedby the County Clerk, the County Clerk shall accept it pad shall immediatelymnsfer the application to the District Clerk-

F.2. AsslpmentofCase, MDistrictCourts,StatutoryComtyCourtsorStahatosProbate Courts shall hear 'YaneDoe cases" through the active judge of thecourt (or through a judge previously assigned to the court for geneml purpowho is then present in the county, The District Clerk s h d assign the case brandom blind drawing in str ict rotation ( no court, having heard an applicatd ear mother application until all other courts have subsequently heard aapplication}. In t h e event of doubt about the presence of a judge in the couthe Clerk shall request the guidance of the PresidingJudge of the county.

F.3. Notification of t h e Hearing The District Clerk shall no* the "me Doe"applicant of the .time and place of the hearing on the application, which shabe at 200 p.m. on the next business day after the f i g f the application,unless an application for p~stponements fiIed by the applicant. The Courwhich the case is assigned shallno* the in6ividuaI or individuals appointeto serve as guardian and /or attorney ad litem of the time and place of thehearingon the application. The hearing shall be held in accordancewith t hprovisionsChapter 33 of the Family Code and the Texas Parental NotificatRules promulgated by the Texas Supreme Court pursuant hereto.


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SEC TIO N I11CIVIL CASES

DISTRICT COURTS AND C O U N T Y C O U R T S AT LAW

A. GENERALRULESA.1. Random F h z . AU District Court civrl cases shall be filed on a b h d , random

basis by the District Clerk in the 26&, 77th, and 368th District Courts except taxcases which ulll be filed on a strict rotation in those courts. All County Courtcivil cases shall be filed on a blind, random basis by the County Clerk, except ta xcases which will be filed on a strict rotation.

A.2. Designation. Except as herein provided, or as otherwise provided by law, allcases shall be designated civil, family, tax or probate.

A.3. Garnishment. Every garnishment suit shall be assigned to the Court in whichthe original suit is pendmg. If the original sui t is transferred to another Court,then the ancillary garnishment action shall be transferred to the same Court.

. A.4. Avoidance of Tudment. Every action in the nature of a writ of error or bill ofreview, or that seeks to attack, avoid or set aside any judgment, order or decreeof a T d Court of VWiamson County, Texas, shall be fled and assigned in theCourt in which the original judgment, order or decree was rendered.

A. 5 . . Consolidation.All motions for consolidation or joint hearing under Rule 174A,TRCP, shall be filed in the Court in which the first case filed is pending and jf suchmotion is granted, the consolidated case shall be assigned to the Court in which thefirst case Med is pending.


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A.G. Severance. Any case which has been severed shdl be filed in the C o u a in whith e o r i p a l action was fled and shall be given a new cause number.

A.7. Pre-Conviction Writs of Habeas Corpus. Pre-Conviction Writs of Habeas Corshall be fded in the Court whose Grand Jwy term is in session.

B. S E m G THE CASEB. 1. Court Coordinator. All settings for non-jury matters and jury t r i a l s shall be do

through the office of the Court Coordinator for the Court in which the caseis fled. N o setting for jury d e given until ~e proper jury fee has beenpaid. At t h e t im e t h e jurymal is set, the Court Coordinator shall scheduleafor the pre-trial hearing.

B.2. Attorney Conference. Attorneys shall communicate with opposing Counselbefore requesting the setting of a trial in an effort to agree upon a se t t ing dateIf th e case is set without agreement of CaunseI, the Attorney who set the cases h d immediately no@ opposing Counsel according to the Rules of C i dProcedure.

B. 3. Conflicts. No request for settings shall be directed toward anyJudge. Anyconflicts or difficulties in ob ak ing a setting may require a bearing before the

. Court in which the conflict arose. The C am shall then resolve the confict oset the case at the time that is a reasonable fa r allparties.

3.4. PreferentiaZ A preferential settingbefore a visitingjudge may be obtained if tparties are willing to waive inwriting their objection to a visitingJudge or if thcase has been set for trial on four prior occasions and has not been reached bthe Csua. There will be no preferential settings before a sittingJudge.


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to be served w i t h the petition. They are as follows:a) Any additional parties to be joined within 90 days from the date answ

is filed.b) Plaintiffs expert witnesses to be designated within 120 days from the da

answer is filed. Defendant's expert witnesses shall be designated within1 O days horn the date answer is filed.

c) Discovery shall be completed within 180 days &om the date answer is filed) Motions for summary judgment to be fded within 210 days from the dat

answer is filed.e) A settlement confence must be held with the two parties present with

250 days from the date of answer.f i A pre-trial statement setting forth unresoIved issues, proposed jury

charges, and stipulations and aU matters to be considered in a Rule 166pxe-trial conference shall be filed no later than 270 days from the date ofanswer. If the parties are unabIe to agree on a joint p r e - t d statementthen separate submission is required..

C.3. Ready for Td. ases wilI be considered ready for trjal after the 270thday and mbe set on Court's own motion thereafter. Failure to comply with the Rules ofpre-trial scheddmg may result in sanctions being imposed unless the patties seerelief prior to the foregoingdeadlines.

C.4. A D R After completion of discovery as set out in C.2.c. abovebut prior toany case being tried before t h e Court or a jury, counsel will participate in ADRto attempt to resolve the dispute, d e s s waived b y the C ~ u r t .Counsel mustcertifyto the Court that they were unable to resolve the dispute b y anyADRprocedure before ;Ixxal commences.


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to Rule 166. When Counsel for either party fails to appear at the pre-trail aftenotice to appear, the Court may:a) d e n d motions and exceptions in the absence of such Counsel;b) dedare any motions ar exceptions of such absent party to be waived;c) advance or delay&lsetting accordmg to the convenience of the Counsel

present.The Counsel at the pre-trral shall either be the Attorney who expects to i q hecase, or shallbe f a n n k with t h e case and fully authorized to state his party'sposition on the law and facts, make stipulations and enter into settlementnego~ t i onss trialCounsel. If the Court fiflds Counsel is nor qualdied, h eCourt may consider that no Counsel has appeared and may take any of theprocedures provided above.

C.6. Special Exce~tions.All s p e d exceptions shall be considered waived if not timfiled and presmted to the Court at the pxe-trial hearing.

C. 7. Withdrawal. Withdrawal by Attorney of record x d e pwrsuant to R 10 of TR

D. DISMISSAL DOCKET; INVOLUNTARY DISMSSALD. I. Time. At Ieast once each year, d ases in which there has been no activity on t

file for 180 days shall be placed on the dismissal docket and sent a notice of theCourt's intention to dismiss the case for want of prosecution as provided by TexRule of C i d Procedure 165a. Written motions to remove a case from dismissaldocket must be presented to the trialJudge prior to the notified date of hsmissal

D. 2. Dismissd. If no appearanceor announcementis made when the case is called fordthe casewill be dismissed for want of prosecution at that time.

D.3. Reset. Where motions to remove a case from dismissal docket a r e p n t e d , thecase shall be set forM.


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SECTIONWCRIMINAL CASES - DISTRICT COURT

A. GFNEML PROVISIONSA. 1. Name. These rules shall be known at the ' local Rules of Felony Criminal

Practice inWilliamson County" and may be referred to as the '?Felony CriminalRd es"

A.2. Application. These rules shallbe applied to secure the effective adrninismtion ofthe felony criminalpractice in the District Courts of Williamson County,Texas,and to eliminate unjustifiable expense and delay in the disposition of elonycriminal cases.

A.3 Object of Rules. These d e s shall be liberally construed to achieve fairness to aUparties, with the due regard to the rights of the State, the accused, the victim andsociety.

A.4. Rules of Court. Each District Court shall retain its inherent authority to adoptlocd d e s of Court not inconsistentwith these rules.

B. GRANDJURYTERMSB. 1. T m s . The rotation of Grand Jury terms wdl be setby agreementof t h e D i s ~ c t

Judges.

B.2. Responsibilities. D&g the GrandJury term of a Court, the Judge of that CourtwiU be responsible for all ancillary crjmind matters filed during that termincludingbut not limited to the following: appointingAttorneys to unindicted


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indigent Defendants; granting and revoking p r e - a releases; hearingpre-indictment writs of habeas corpus; and hearing any bond issues on unindictedcases.

C. ASSIGNMENTOF CASFScases indicted by a GrandJury shall be fled in he Court which impanelled the Jury exc

for cases transferred by agreement of the Judges or transferred by the following rules:

C. 1. Multiple Prosecutions. Multiple prosecutions arising from the same facts oragarnst the same Defendant will be fled in the same Court. If cases must betransferred to accomplish this, all cases will go to t h e Court with the lowest causnumber, unless the Judges agree othemise.

.C.2. If a newly indicted Defendant has a pending case in another Court or is on .probation in another COW then the new casewill be transferred to that Court.

C.3. If a new indictment is a re-indictment of a pending case then the case will betransferred to the Court where the original indictment is pending,

C.4. Cawital Cases.a) The first capid case returned by a GrandJury of Williamson County, Tex

on or after the effective date of these rules, shall be deemed as filedwit41wansferred in the sequentialrotation as follows:lSt: 277thZnd: 368th3rd: 26th.

b) A case indrcted and called for .trialas a capital casedlcount as a "CapCase" even though subsequently reduced to a lesser offense.


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D. ATTORNEY OF RECORDD.1. Court Awwointed Counsel,

a) Qualifications. The Court Coordhators of the District Courts shallmaintain a list of Attorneys available for appointment to represent indiDefendants in criminal cases. To be on the list the Attorney mustvolunteer by submitting an application providmg the name, address andtelephone number, together with proof that he ox she is licensed by theSupreme Court of Texas and a member in good standmg of the WilliamCounty Bar As sociation. This ru le does notMt a Judge's authority toappoint any quahfiedAttorney to rqresent an inhgent Defendant shoutheJudge deem it appropriate.

b) Fee Schedule. The District Judges shall promulgate a fee schedule for tpayment of Court appointed Counsel which shall take into account thenature of each case, the complexity of the legal questions involved, th.time involved and the number of c o r n appearances necessary to hsposof the case.

D.2. Appearance of Con& Any Attorney who makes bail bond for a Defendobtains the release of a Defendant by asserting his or her intent to represenDefendant as a condition of release on a pexsond bond, or who appears athearing for the Defendant shall be considered as th e Attorney of record fodefendant until rdeased as such by the Court. In the event more &an oneattorney represents a Defendant, than she lead Attorney s h d filewith the Ca designation of lead Attorney.

D.3. Notice in Rerained Cases. Upon employment, the DefenseAttorney shall giwritten notice thereof to the District Attorney, the District Clerk and the CouCoordmator in the Court inwhich the case is filed. The Clerkwill note theAttorneysname on t h e docket sheet.


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E. WIT'EQRAWAL OF COUNSELE.. Withdrawal. An Attorney's motion to withdraw wrll be heard at any time when the

Defendant has had notice to appear.

E.2. Substitution. Motions to substitute Counsel.will be granted without hearing ifthe order is signed by the Defendant as well as the incomingand outgoingAttorneys. A motion to withdraw ox for substitution of Counsel that causesdelay requires a hearing.

E. 3. Settings. Motions to withdraw or to subs imte Counsel are set with the CourtCoordmator at the convenience of th e Court. Notice of such motions s h d bedelivered to the State when the motion is set.

F. INM'IAL APPEARANCEAfter indictment, all Defendants and their Attorneys of record shdl be notified and arerequired to appear for announcement as set by the Court.

G. PRE-TRlALANDTRIALSEmGSEach Court shall determine its own setting forpre-trial, and sentencing. AU Defendantsand their Attorneys shall appear at each scheduled pre-trial and rial hearing.

H. DISCOVERYTo encourage the expeditious disposal of cases, to promote juhcial economy, andwithout the diluting the rights of Defendants and in the nterest of justice, theDistrictAttorney's office will provide a check list of discovery material provided informally to the

Defense Attorney and the list will be filed with the Court upon completion of discovery.


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SECTIONVCRIMINAL CASES - COUNTY COVRTS AT LAW

A. GENEFLAL PROVISIONSA. 1. These d e s shall be known as the "LocalRules of Misdemeanor Criminal

Practice in Williamson County1'and may be referred to as the "MisdemeanorCriminal Rules"

A. 2. These ru les shall be applied to secure the effective administration of themisdemeanor criminal practice in t h e County Corns at Law ofWilliamsonCounty, Texas, and to eliminateunjusti f~ble xpenseand delay in the dispos

of misdemeanor criminal cases.

A.3. These d e s s h d be liberafly construed to achieve fairness to allparties with dregard to the r i g h t s of the State, t h e accused, the victim and society-

A.4. Each County Court shall retain its inherent authority to adopt local rules ofcourt not inconsistent with these rules.

B. ASSIGNMENT OF CASESB.1. AII criminal cases shall be filed g e n e d y according to date of arrest, except as

provided below.

B.2. Multiple prosecutions arising from the same facts or a p s t he same Defendwin be fled in the same Court. If cases must be transferred to accomplish tgenerally all caseswill go to the Court of the casewith the lowest cause numbd e s s the Judges agree otherwise.


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ATTORNEY OF RECORDC. 1. Court Appointed Counsel

a) Qudiications. T h e Court Coordinators of the County Courts at Lawmaintain a list of Attorneys available for appointment to represent indigDefendants in criminal cases. To be on t h e list the Attorney must voluby submittingan application providing the name, address and elephonnumber, together with proof that he or she is licensed by the SupremeCourt of Texas and a member in good standing of the Williamson CounBzu Association. An Attorney remains the Attorney of record for aa Defendant until relieved by written order of the Corn.

b) Fee Schedule. The County Court at LawJudge shall promulgate a feeschedule for the payment of Court appointed Counsel which s h d take iaccount the nam e of each case, the complexity of the legal questionsinvolved, th e time involved and th e number of court appearances necesto dispose of the case.

C.2. Appearance of Counsel. . Any Attorney who makes bail bond for a Defendantobtains a release of a Defendant by asserting his o r hex intent to represent theDefendant as a condition of rekase on a personal bond, who obtains a settingresetting of a case, appears at any hearing for the Defendant or who seeksdiscovery or plea recommendation s h d be considered as the Attorney of recorfo r the Defendant until relased as such by th e Court. In the event more thanAttorney represents a Defendant, then the lead Attorney s h d file with the Coudesignation of lead Attorney.

C.3. Upon employment , he Defense Attorney shall give n o ~ c ehereof to theCounty Attorney, to the County Clerk and the Court Coordrnatox in the Cowhich the case is fled. T he Clerkwill note the Attorney's name on t h k docksheet and inhcate whether he is retained or appointed.

28


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F. PRE-TRIALAND TRIAL SETTINGSF.1. Each Court shall determine its o m settings for pre-mil, trial and sentencing.

F.2. All Defendants and their Attorneys shall appear at each scheduled pre-widand trial hearing.

Cases may be set by the Court to the Announcement Docket* Notice of suchsetting will be p e n o the Defendant and th e Defense Attorney. Attendance atthe Announcement Docket setting by both the Defendant and the DefenseAttorney is required. Failure of theDefendant to appear at the AnnouncementDocket may result in the Defendant's bond being revoked. Failure of theDefense Attorney to appearmay result in sanctions as the Court deemsappropriate. Cases may be reset from the Announcement Docket after a plea-bargun recommendation is obtained from th e County Attorney's office.

F.4. Defense Attorneys shall, subpoena a ll witnesses, including the State's witnesses,and aw enforcement officers necessary for pre-trial hearings.(a) No p r e - td motions shall be heard on the date of the jury trial, except

motions in h i n e .(b) All pxe-trials shall be held at least seven (7) days prior to j 1 . q tfial.(c) All pre-ttral motions must be filed at least seven (7) days before the date

of the gre-trial, hearing.

G. PROBATION INTAKE, INTERVIEW(2.1. Defendants to be placed on probation shall be required to complete a Probation

Intake Interview with the WilliamsonCounty Probation Departmenton a dayprior to the date set for sentencing unless otherwise permitted by the Court.

G.2. Attorneys representing Defendants shall be responsible for makingappointmentsfor their clients in advance of the sentencing date so that no delays are incurredin disposingof the case.

30


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Th e foregoing rules for Wdhrnson County were approved at a called meeting of he Judgesof the District Courts and the County Cows -at Law- on April 28,2000

Williamson County,Texas

Judge, 368&District CornWiIliamson County, Texas

yudge, 27TthDistrict CourtW h m s o n County, Texas

WIIIIJ&& County, Texas

Kevin Hendersonjudge, County Court at Law #1Williamson County,Texas AJudge, CountyWilhnson Coun

Judge, ~ount\(ourt at Law #3W h s o n daunty, exa as


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EXE-IIBIT"A"RULES OF ADMINISTRATIONTHIRD ADMXNTSTRA'S1:E JUDICIAL REGION OF TEXAS

E E E E C m anuary 9.1988

Authoritv. These d e s are promulgated by the CounciI of Judges of the ThirdAdministrative Judicial Region of Texas pursuant to Section 74.048, Texas GovernmentCode and Rule 4 (d) of the Rules of Judicial Administration adopted by the Supreme Courtof Texas on February 4, 1987.Rule 1 : These rules apply to all District and Statutory County Courts of the ThirdAdministrative Judicial Region of Texas.

Rule 2: It is the goal of each District and Statutory County Court in the ThirdAdministrative ~udida l egion that each case filed in this region should, so far asreasonably possible, be brought to trial or final dispositionin conformity with the timestandards adopted by Rule 6 of the Supreme Court Rules of Judicial Administsation.

ule 3: Each Court in this Region shall adopt andwLiformly follow local rulesoverning the filing, docketing and assignment of cases to achieve the time standards of

Rule 6 of the Supreme Court Rules of JudicialAdministration, so far as reasonably possible,andmeet the requirements of Rules 7, 9 and 10of the Supreme Court Rules of Judicial

a). If there are both Distict and Statutory County C~urtsn acounty, the judges of each level of court shall adopt local rules ascontemplated by this rule.


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1). Suchjudges shall attempt to make all local rule uniformwithin a county so far as reasonably possible.

b). If there is more than one court in a county at either level of court,all judges of each levef of court shall adopt uniform local rules ascontemplates by this rule. Such rules shall be adopted by majority vote.

Rule 4: a). The local administrativejudge of each county shall send to the regionaljudge such information as may be requested by the regional presiding judgeregarding the status of the dockets and docket management systems of th ecounty.

b). The local administrative udge of each county shall cause the proper clerk tosend the regional presiding judge a copy of the Office of CourtAdministration monthly report and such other information as may berequested by the regional presiding judge regarding the status of the docketsof the county.

Rule 5 : The courts in this region may adopt ajuryplan consistent with applicable statutesgoverning the selection, management and assignment of prospective jurors and the time ofjury service, file such plan with the district clerk, and secure the approval of the countyco&ssioners court when required. Each court in this region shall adopt a local ruleindicating whether that court utilizes thejury wheel or the electronic or mechanical methodof selection of names of persons for jury sen ice .


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Rule 6: Attorney vacations.a). A court may not schedule an attorney for trial for a period of

a maximum of four consecutiveweeks in a given calendaryear if theattorneyhas filed a written notificationwith the appropriate clerk and courndminjstrator of any county on which such attorney has a pending case.

b). Such notice must be fded at least ninety (90) days in advance of uchvacation period and shall apply only to cases not already scheduled for triawithin such period.

6). The court shall have discretion to consider amotion for continuance on thgrounds of an attorney's vacation in appropriate circumstances not covereby subsections a) and b) of this rule.

Rule 7: Conflicting engagements.

a). If an attorney is actually in trial in one court, such attorney may not be put totrial in another court.

b). When an attorney is assigned to tw o courts for the same date:

1). It is the duty of the attorney to call the affected judges' attention to alldual settings as soon as they are h o w .

2). When two dual s e ~ groblem is made known, the affected judgesshould confer and agree on which case has priority.

3). The following priorities are established to aid judges in determining whicase has priority :


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A). CriminalcaseB). Case given preference by statuteC ) . Earliest se t caseD). Earliest filed caseE). Courts inmulti-judge counties should yield to single judgecounties and courts of multi-county districts.

c). In the event the affected judges cannot agree onwhich case has priority, the questshall be receivedby the regional presiding judge or judges. If two or more regions areaffectedand the regional presiding judges cannat agree, the question shall be resolved bChief Justice of the Supreme Court of Texas.

Rule 8: On the request of the local administrative udge, the regional presiding judgshall assign the judges of this region (or of other regions, pursuant to statute) to hold speor regular terns of court inany county of the administrative region to try cases and dispof accumulatedbusiness.

Rule 9: The regional presiding judge shall appoint such committees as are necessar

conduct the proper afffairsof this region.


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Adopted at the Third Administrative Judicial Region CounciZ of Judges Meeting, January 9,at Salado, Texas;

J AMES F. CLAWSON, J r . 1 J AM E S RUSSELL

%-pLL;i a1 r T *9 - / 7 -f4

Date


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IN THE SUPREME COURT OF TEXAS

Misc. Docket No. 02- mm

ORDERAPPROVING RULES OF ADMIMSTRATION FOR THE THIRDAJJMINISTRATIVEJUDICIAL KEGION

ORDERED that:Pursuant to Rule 3a of th e Texas Rules of Civil Procedure, th e foIlowing Rules of

Administration fo r th e Third Administrative Judicial Region are approved. This approvalis temporary pending further orders of th e Court.

-kiSIGNED AND ENTERED this 7 day of h % ,2002.u

Thomas R.Phillip

\ Nathan L. ~ e c h t , us t i c e

Craig ~ h n o c h ,ustice

Priscilla R.Owen, Justice

-ames A. Baker, Justice


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i ) Deborah G . Rankinson, Just-'I Harriet O'Neiil, Justice

Wallace B, eff so JusticeP

Xavier Rodriguez, Justice


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RULES OF ADMINTSTRATION

THIRDADMINISTRATIVEJUDICIALREGION

Authority. These rules are promulgated by the Council of Judges of th e ThirdAdministrative Judicial Region of the State of Texas pursuant to Section 74.648 ( c ) ,Texas Government Code an d Rule 4 (c) of the Rules of Judicial Administration asadopted by the Supreme Court of Texas an d amended through January 1,1999.

Rule 1; These rules apply to all district and statutory county courts of the ThirdAdministrative Judicial Region of th e State of Texas.

Rule 2 Judges in the Third Administrative Judicial Region should make everyreasonable effort to ensure that each case filed is brought to trial or final disposition inconformity with the t ime standards adopted by Rule 6 of the Supreme Court Rules ofJudicial Ad ministration.

Rule 3: Each court in this region shall adopt and uniformly follow local rules governingthe filing, docketing and assignment of cases to achieve the time standards of Rule 6 ofth e Supreme Court Rules of Judicial Administration, so far as reasonably possible; andmeet the requirements of Rules 7, 9 and 10 of the Supreme Court Rules of JudicialAdministration.

A. If there are both district and statutory county courts in a county, th e judges ofeach level of court shall adopt local rules as contemplated by this rule. Such judges shallattempt to make all local rules uniform within a county so far as reasonable possible.

B. If there is more than one court in a county at either level of court, al l judges ofeach level of court shall adopt mifom local rules as contemplated by this rule. Suchrules shalI be adopted by majority vote.


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Rule 4:A. The local administrative judge or judges of each county shall send to the

regional presiding judge such information as may be requested by the regional presidingjudge regarding the status of the dockets and docket management systems of the county.

8. The local administrative judge or judges of each county shall cause the properclerk to send the regional presiding judge a copy of th e Office of Court Administrationmonthly report and such ather information as may be requested by the regiona I presidingjudge regarding the status of th e dockets of the county.

Rule 5: The courts in this region may adopt a jury plan consistent with applicablestatutes governing the selection, management and assignment of prospective jurors andthe time of jury service, file such plan with the district clerk, and secure th e approval ofthe county commissioners court when required.

Rule 6 ; Attorney VacationsA. A case shall no t be se t for trial during a week for which an attorney in

charge, as defined by Rule 8, Texas Rules of Civil Procedure, has given a vacation noticethat complies with this Rule 6 . Attorneys may give vacation notices by designating amaximum of four weeks in a given calendar year and by filing a written notification w iththe appropriate clerk and court administrator of any county in which such attorney has apending case.

B. Such notice must be filed a least ninety (90) days in advance of eachdesignated vacation week, an d such a notice shall apply only to cases no t alreadyscheduled for trial.

C. The court shaII have discretion to consider a motion fo r continuance on th egrounds of an attorney's vacation in appropriate circumstances not covered bysubsections A and B of this rule.

Rule 7: Conflicting EngagementsA. If an attorney is actually in trial in one court, such attorney may no t be put to

trial in mother court.


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B. When an attorney is assigned to two courts for th e same date:I . It is the duty of the attorney to call the affected judges' attention

conflicting settings as soon as they are known or reasonably may be anticipated,2. When a conflicting setting problem is made known, the affected ju

shouId confer and agree on which case has priority.3. The following priorities are established to aid judges in determ

which case has priority:a. Criminal ease

A conflict of settings of tw o criminal cases should be resolved by considerinrelevant circumstances, such as a defendant's confinement pending trial (including odetainers such as "blue" warrants), the length of time each case has been pendingnumber of times each case has previously been se t for trial, a defendant's rightspeedy trial based upon the circumstances of the respective cases, th e availabilitfuture triaI dates for each case, witness availability, and any other requirement fprompt trial of either case under appIicable law.

b. Case given preference by statutec. Earliest set cased. Emliest filed casee. Courts in multi-judge counties should yield to single ju

counties and courts of multi-county districts.C. In the event the affected judges cannot agree on which case has priority,

question shall be resolved by the regional presiding judge or judges. If two or mregions are affected and the regional presiding judges cannot agree, the question shalresolved by the Chief Justice of the Supreme Court of th e State of Texas, or by anoSupreme Court Justice designated by th e Chief Justice.

Rule 8; Assignment of JudgesA. Whenever needed, the regional presiding judge will assign judges, as provi

by Iaw, to preside in any court of the administrative region to try cases and disposaccumulated business. UnIess disqualified, recused, or disabled, the regular judge of


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arrangements. The onIy exceptions to this shall be any judicial proceedings specificallyassigned to a visiting judge, and my judicial proceedings that a visiting judge has alreadycommenced.

B. Claims by assigned judges far expenses, and claims by assigned senior andformer judges far pay and per diem, are subject to the approvaI of the regional presidingjudge before the expense claims are submitted to the appropriate county auditor, and thepay and per diem claims to the state comptroller. Promptly after completing anassignment, the assigned judge shall use forms provided by the regional presiding judgeto submit such claims for that judge's approval.

Rule 9 ; Order and Decorum in CourtPursuant to th e judicial duty to require order and decorum in proceedings before a

judge, as provided by Canon 3B(3), Texas Code of Judicial Conduct, the courts in thisRegion should adopt local: mIes on order and decorum in the courtroom. Such rulesshould be consistent with the following guidelines:

A. All persons in th e courtroom during any hearing shall be attentive to theproceedings o f the court and shall refiain from any action which is disruptive of the courtproceedings. When court is in session, all persons, before entering th e courtroom, shallfirst remove overcoats, hats, cigars, sunglasses, etc., and shall be seated quietly in th eproper places provided. There shall be:

I. No reading of newspapers or magazines;2. No bottles,paper cups or beverage containers in th e courtroom;3. No edibles in the courtroom;4. No propping of feet on tables, chairs or benches;5 . No sitting on tables, raiIings, desks or arms of chairs;6 . No making of noises or talking which interferes with the court

procedure; and7. No walking through courtroom;8. No facial expressions, shaking of the head or any other conduct that

exhibits approval or disapproval of any court d i n g , testimony, or any statement or eventthat has occurred in the courh.oom.


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9. No person shall sit in such a position in the courtroom , o r exhibit anybehavior or express ion, that m ay either encourage or intimida te a witness.

B. Conduct o f Court O fficers1. All attorneys are admonished to respect the letter and spirit of all rulesof ethics includin g the Texas Lawy er's Creed; and those rules dea ling with discussion of

cases with repre sentatives of the press, television, or radio; and discuss ion o f the facts orlaw of the case with th e judge not in the presence of opp osing counsel.

2. The judge, the attorneys, an d a11 officers of the court shall be promptat all sessions and in the d ispatch o f all court business.

3. In the courtroom, all attorneys and court official shall dress in keep-ing with the dignity required for court proceedings. For exam ple, all male attomeys andcourt officials shall w ear co ats and ties, except as permitted by the judge.

4. While court is in session , all remark s of counsel sh all be addressedto the court and not to opposing counsel or informally to the judge.

5. Wh ile addressing the court, attorneys shaIl rise and rem ain standing atthe counsel table. They shall remain seated at counsel table while interrogatingwitnesses, except as may be necessary to handle exhibits or demo nstrative displays.

6 . Th e judge, the attorneys, and other court officers sh all refer to andaddress other court officers and participants by using appropriate titles and surnamesrather than first names.

7. Attorneys shall not lean on the bench or engag e the judge in a con-fidential manner, except with permission of the judge.

8. Attorneys shall advise their clients and witnes ses of rules of propercourtroom decorum and seek their fill cooperation in observing tho se rules.

9. After jury voir dire, and untiI jurors are finally excused, attomey s shallnot address a juro r individually or by name, except with permissio n of the judge. Exceptduring opening statements and final argument, attorneys should not address the jury.During a trial, attorneys should not exhibit familiarity with witnesses, jurors, opposingcounsel, or the judge.

10. Attorneys should refrain fiom interrupting the judge or opposingcounsel, except wh en necessary to protect a client's rights.


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Adopted by the Council of Judges of he Third Administrative Judicial Regione State ofTexas on he 26thday of September,2000, t Dallas, Texas.c.B. Schaub, Presiding JudgeThird Administrative Judicial Region


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Exhibit "B"Children's interest Seminar

The seminar shall focus on fosteringemotional health for children duringperiods of stressbrought about by divorce and conact between divorced parents.

The seminar administrator s h d l be designated by the Court. The Court has currentlydesignated Child and Family Services of Wdhmson County to be the seminar administrators.

The course content shall generally consist of the foUowing:the developmental stages of chldhood,the needs of children at different ages,stress indicators in children,age appropriateexpectations of children,divorce as a growth stage,the grief process,reducing stress for children going through a divorce,the changingparental and marital roles,visitation recommendations t o enhance the child's relationship with bothparents,f m a n d obhgations to child rearing,conflict management and drspute resolution

Each seminar s h d be a minimum of two hours and a maximum of four hours. Theseminar may include the showing of videos, such as "Don't Forget the Children" and"Children In the hhddle."

The seminar shall be presented at such times and places as scheduled and announced b y theseminar ah in ismto r .

A fee of not more than $30.00, unless waived b y the Court, may be charged by the seminaradministrator to be used to cover costs.

Each person completing th e seminar and paying the appropriate fee shallreceive a cedficateto fle with the Court.

The Court may require a certified peace officer to be in attendance at each seminar toprovide security.


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Exhibit ''C''NO.

lN 'FIZE MATTER OFTHEMARRIAGE OF

ANDINTKEW E R E S T OFAND9

MINOR C r n D R E N WLLIA.MSON COUNTY, TEXAS

PROPOSED DISPOSITION OF ISSUESTO THEHONORABLEJUDGEOF SAID COURT:

3 hereby presents to theCourt the following proposed issues.Community Property Division

1ToHusbandNet Value

To WifeNet ValueSecuredDebtBalance1

234

5

67

8

------Property Fair Market

Value


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TOTALco-YPROPERTY

TOTALCOhlMUNITYPROPERTYLESSSECUREDDEBT

0.00

0.00

0.00 ,

0.00

0.00

0.00

0

0


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I LESS UNSECUREDCOMMUNITYDEBTS:

I 1 Creditor Debt Balance

TOTAL UNSECUREDCOMMUNITY DEBTS 0.00

TOTAL COMMUNITY 0.00

To WifeNet Value

To HusbandNet Value


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Exhibit '9"

IN TEE MATTER OFTHE MARRIAGE OF

NO.

ANDAND INTHE INTEREST OF

* IN THE*

* WILLIAMSON COUNTY, TEXAS

PROPOSED SUPPORTDECISIONAND INFOFMATION

1 ,would testify under oath in open court that theattached Information is true and correct. I understand that at such a court hearing I may berequired to prove these amounts by testimony and by records such as pay vouchers,cancelled checks, receipts and bills.

SIGNED this day of , 2 0

Signature of PartyI intend to ask the court to set support at $ per month.

SIGNED t h i s day of 20

Signatureof Party orAttorney


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ISTATU'ET RESOURCESDEDUCTIONSALLOWED PER MONTH 0.00


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SCHEDULEG-MONTHLY PAYMENTS ON DEBTS


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(H) DIFFERENCEBETWEEN MONEYRECEIVED AND MONEY NEEDED.SUBTRACT (F) FROM (C)(I) PRESUMED C H I D SUPPORT -MULTIPLY (E) BY THE GUIDELINEPERCENTAGE Yo

--.00 -(1


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PROPOSED DISPOSITIONOF OTHER ISSU


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IN THE SUPREME COURT OF TEXAS

Misc. Docket No. 6- 91APPROVAL OF AMENDED LOCAL RULE, FORTHEDISTRICT COURTS AND COUNTY COURTS AT LA W OF WILLIAMSON

COUNTY REGARDING THE ASSIGNMENT OF FAMILY LAW CASES

ORDERED that:Pursuant to Texas Rule ofCivil P m d w r e 3% the fallowing Amended Local RuIc for theDistrict Courts and County Courts at Law of Williamon County Regarding the Assignment ofFamily l aw Cases is approved.

In Chambers, this ' day ofDecember, 2006.

Wallace B. Jefferson, chief~qtid


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Misc. Docket No.06- 9 '17 4

~ c o t r ~ r i s t e r ,ustice

David M.Mdina, justid

Paul W. Green, Justice

C IPhil Johnson, 'ustice

CJP ud5 L+Don R.Willett, Justice

Page2


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Cause No.ADOPTION OF LOCAL RULES

Section 11, Paragraph A. 1 . of the LocaI Rules of Williamson County arehereby adopted and amended by the undersigned Judges of WilliamsonCounty, on this the 13thday ofNovember 200G,.pursuant to prior action atregularly called meetings of th e Judges of Williamson County. These rulesare submitted to the SupremeCourt ofTexas for promulgation. These rulesshall become effective upon their approval by the SupremeCourt of Texas.

368"'Judicial DistrictCourt

Judge.Ken Anderson2**& Fd*rcrrr,r r r d * r b


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CERTIFICATEOF APPROVAL

The attachcd Amended Local Rule pertaining to the assignment of fdrnily lawcases to the District Courts and the County Courts at Law of Williamson County, Texas,is hereby approved and transmitted to the S u p m e Court of Texas for final action this3othdayofNovember, 2006.

B.B, ch,ub, residing JudgeThird Administrative Judicial Region