Anyone involved in legal family matters within the Harris County 257TH Judicial District must understand the local rules and procedures of the Family Law Court. This article offers a comprehensive overview of these rules, illuminating aspects from mediation requirements to courtroom conduct.
As a Houston, Texas divorce and family law attorney I have had the opportunity to help service members through divorce and family law cases. In order to do this, it is important to not only be aware of Texas Family Law but also familiar with the local rules of the court each family law court in Harris County, Texas.
Local Rules
Parties and attorneys must follow Texas’ statewide rules of court. Additionally, Judges of each court can adopt procedural regulations, which parties and their lawyers must mandatorily follow in matters within those Courts’ jurisdiction. Violating or ignoring these rules endangers the client and his or her counsel.
One good place to look at to start getting familiar with Local Rules is the District Clerks website.https://www.justex.net/LOCALRULES/LOCALRULES.ASPX
In order to assist my client’s and the residents of Harris County I decided to work on a series of blogs that would discuss the local rules of the different family law courts in Harris County.
Thus far I have written blogs on the:
This will be my 3rd blog on this topic.
257TH Judicial District Court – Phone: 713-274-4560
- The Presiding Judge: Judy Warne
- The Associate Judge: Deborah Patterson
- Address: 201 Caroline, 16th Floor, Houston, TX 77002
Some of the following rules can be found on the 257TH Judicial District Courts website located at https://www.justex.net/Courts/FAMILY/FAMILYCourt.aspx?crt=54
257TH Judicial District Docket Call
Docket Type | Time | Day |
Uncontested Docket | 8:00 a.m.– 9:30 a.m. | Monday-Friday |
General Docket | 9:00 a.m. | Monday – Friday |
Trial Docket | 9:30 a.m. | Monday |
Order Entries | 9:00 a.m | Friday |
CPS Docket | 8:00 a.m. | Tuesday |
Enforcement Docket | 9:00 a.m. | Thursday |
Discovery Dispute | 1:00 p.m. | Tuesday or Wednesday depending on the calendar |
Mediation as a Cornerstone
In Harris County, mediation is emphasized as a crucial step before courtroom proceedings. It’s mandatory prior to temporary orders in custody-related cases, and similarly required before the final trial in all cases. The idea is to encourage amicable dispute resolution. The court allows parties to select their mediator, or appoints one if an agreement cannot be reached.
Special Considerations in Family Law
The court actively orders social studies in specific scenarios such as adoptions or complex custody disputes. In family law, the court also handles name changes on the ancillary docket, requiring birth certificates for verification.
Under local rule 12.1, the court mandates parenting courses, though it’s worth noting that enforcement of this rule isn’t always strict. The court coordinator sets pre-trial procedures, primarily focusing on uncontested cases and jury trials. Approximately three months after filing, the court issues scheduling orders, typically setting hearings for about nine months from the filing date.
Court Protocols and Compliance
Dismissals Without Prejudice (DWOP) are a critical aspect, with the court sending out notices for a DWOP docket set for early morning. Non-compliance with certain protocols, like failure to file an inventory, restricts a party’s ability to testify or present evidence. The court takes a firm stance on such matters, emphasizing the importance of adhering to procedural rules.
Children’s Involvement in Legal Proceedings
The court has specific guidelines for child interviews in cases involving children’s preferences. It’s essential to file a motion and notify the other side, and children should not be brought to court unless explicitly ordered. The court’s approach is cautious, prioritizing the welfare of children involved in legal disputes.
257TH Judicial District Family Law Court Trial and Courtroom Procedures
To secure preferential settings, parties should file a motion, or the court might decide to do so independently. Parties should file motions for continuance well before the final trial, following the Texas Rules of Civil Procedure. The court mandates oral hearings for certain motions and does not typically hold submission dockets.
The court generally disfavors telephone conferences, only allowing them in exceptional situations. In complex cases, parties must provide courtesy copies of documents. The court enforces strict procedural compliance, particularly concerning the filing of inventories and adherence to scheduling orders.
Fees and Legal Representation
Attorney fees are awarded based on merit and legal stipulations, and interim attorney fees may be granted in divorce or modification cases. The court also outlines specific procedures for cases set before an associate judge, reflecting the nuanced nature of family law proceedings.
257TH Judicial District Family Law Courtroom Etiquette
Finally, the court emphasizes proper courtroom etiquette. This includes standing when addressing the court, asking permission to approach witnesses, and maintaining a respectful demeanor towards opposing counsel. Beverages are allowed at the counsel table, but food is prohibited in the courtroom.
Through this guide, individuals and legal professionals can better understand and navigate the local rules of the 257TH Judicial District Family Law Court in Harris County, Texas. Adhering to these rules can significantly affect the outcome of family law cases.
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Other Articles you may be interested on regarding Houston Court Local Rules:
- 246TH Judicial District Local Rules
- Harris County, Texas Family Law Court – 308TH Judicial District Local Rules
- Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
- What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
- Texas Divorce Property Division Enforcement
- Separate Property in a Texas Divorce?
- Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?
- Is Social Security Considered Separate Property in a Texas Divorce
- Business Owners and Business Assets in a Texas Divorce
- Can you negotiate child support during mediation?
- Can grandparents keep child from father?
- The Harris County District Family Courts at a Glance: February 2023
- Harris County, Texas Family Law Court – 247TH Judicial District Local Rules
- Harris County, Texas Family Law Court – 246TH Judicial District Local Rules
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.