Judge Carmen Symes Dusek
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.
Document Format Requirements2 rules
All audio and video exhibits must be saved in a usable format and named accordingly.
While the Court may provide the viewing screens, the party wishing to use audio or visual equipment in the Courtroom is responsible for ensuring the proper equipment is available and will function for that piece of evidence.
Document Filing Requirements11 rules
The parties must still prove up any exhibits during the trial/court proceeding.
These witness/exhibit lists must be filed with the Court and are relied upon when making decisions concerning time allotments during the hearing.
An Agreed order must be signed by all the parties and attorneys. If there is an unknown parent, or an absentee parent, unfortunately, that cannot be an “agreed order.”
IT IS ORDERED that a standard pre-trial scheduling order shall be utilized.
After three months in the specified placement circumstances, DFPS or the assigned 2Ingage placement specialist must provide the Court a written report identifying contacted placements, who contacted them, and their responses.
Court's wording
IT IS ORDERED that if a child has not been placed in their home county or within 150 miles of the Courthouse of their home county and is not in a relative/fictive kin or adoptive home after a period of three (3) months—DFPS placement or the 2Ingage "placement specialist" assigned to the child shall provide a written report to the Court that includes the following information: 1) what placements were contacted; 2) what person with personal knowledge of the child contacted the placements; and 3) the response from the placement.
This report shall include the following: 1) the reason for the change; 2) when the CPA/Dept/2Ingage were notified of the necessity for the change: 3) if the child will be returning to the prior placement and the date of that occurrence.
When consenting to a new psychotropic medication, DFPS Form 4526 Psychotropic Medication Treatment Consent must be completed and signed by the medical consenter and the health-care provider or designee.
**IT IS ORDERED** that an advisement shall immediately be filed with the court that includes the following information (TFC §266.0042, 264.018):
They are accepted for good cause when the emergency need arises, it has been expressed to the court, and the report contains the information needed to ascertain whether or not the child/children are having their needs met. A standard form stating you have met with the child and complied with the code is not enough.
The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.
Please file a notice requesting the meeting so that the court coordinator can arrange. When filing, please include relevant information like school, therapy, or appointment conflicts.
Filing & Service rules
Filing Timing and Cure Windows
The Court may accommodate out-of-town or professional witnesses virtually when practicable; a party who knows of the request must file a motion and order at least three days before the setting, and the witness should be expected to appear in person unless a virtual-appearance order is signed.
Witnesses: The Court will accommodate out-of-town and/or professional witnesses when practicable. If a party knows of a request for a witness to appear virtually, they must file a motion and order for virtual appearance no less than 3 days prior to the setting. Virtual appearances are discretionary, such that unless an order is signed granting, the party should anticipate the in-person presence is necessary.
Page 2 | Request for Virtual Appearance by a Party or a Witness
Parties must appear in person unless the Court grants a virtual appearance request; an attorney seeking virtual appearance for exigent circumstances must file a motion and order at least three days before the hearing or as soon as the emergency need becomes known.
Parties must appear in person. If there are exigent circumstances and an attorney is requesting that a party appear virtually, they must file a motion/order for virtual appearance no less than 3 days prior to the hearing, or as soon as the emergency need becomes known. These requests will be considered on a case-by-case basis and unless granted by the Court, please have your client present in person.
Page 2 | Request for Virtual Appearance by a Party or a Witness
DFPS/2Ingage must file an Advisement describing efforts to place the child in the specified region within 24 hours of placement.
IT IS ORDERED that DFPS/2Ingage shall file a written report (hereafter "Advisement") to the Court of the attempts to achieve placement within the above region. IT IS ORDERED that this report shall be filed with the Court within the 24 hours of placement.
Page 5 | Placement of Children in Care
For an emergency placement, caregiver, or respite change, DFPS/2Ingage/CPA must file an Advisement within 24 hours stating the reason, when they were notified, and whether and when the child will return to the prior placement.
IT IS ORDERED a hearing for a placement change not previously Court approved must be requested prior to the change for those changes with advance notice. It is ordered that DFPS/2Ingage/CPA shall file an Advisement with the Court of any emergency change in placement, caregiver, or respite status within 24 hours after the change. This report shall include the following: 1) the reason for the change; 2) when the CPA/Dept/2Ingage were notified of the necessity for the change: 3) if the child will be returning to the prior placement and the date of that occurrence.
Page 5 | Placement of Children in Care
Service and Proof of Service Rules
Witness and exhibit lists must be emailed to all parties, the court coordinator, and the court reporter by noon three days before the proceeding or as soon as they are available.
IT IS ORDERED that any offer of witnesses or exhibits during the court proceeding, requires an email with the list to all parties, the court coordinator Mandy Archer, mandy.archer@txcourts.gov and the court reporter April Drake, april.drake@co.tom-green.tx.us by noon three days before the court proceeding or as soon as they are available.
Page 3 | Submission of Witnesses/Evidence and Notice Thereof
DFPS/2Ingage must notify the party’s or child’s attorney of the specified placement and significant medical or treatment events, and give at least 48 hours’ advance notice of a residential-treatment-program change.
IT IS ORDERED that DFPS/2Ingage shall notify the attorney for the party or child of any placement change, significant change in medical condition, enrollment or participation in a drug trial program, the initial prescription of a psychotropic medication and at least 48 hours in advance of a change in residential treatment program (TFC § 264.018 (d) and (e)).
Page 5 | Placement of Children in Care
DFPS/2Ingage must notify the parent and the parent’s attorney of significant events within 48 hours of learning of them.
DFPS/2Ingage must provide notice to the parent and parents attorney within 48 hours of knowledge of any significant events (TFC § 264.018(f) and (g)).
Page 5 | Placement of Children in Care
Unless circumstances are exigent, DFPS/2Ingage must notify the child’s attorney in writing before a decision or action about specified significant matters, using email when possible.
IT IS ORDERED that DFPS/2Ingage shall notify the attorney for the child of any and all significant changes with the child, medical interventions, medications, placement issues, diagnostic testing and/or other issues which pertain to any decision made for the “best interest” of the child prior to the decision and/or action unless exigent. This notification must be provided in writing, via email when possible.
Page 6 | Placement of Children in Care
Adjournment & Extension Requirements
A continuance extending beyond the original deadline requires a hearing and extraordinary findings; a motion for extension should accompany the continuance request.
The difference is whether the continuance would require an extension beyond the original deadline, those will require a hearing as it will require those extraordinary findings, and a motion for extension should accompany the continuance request.
Page 3 | Agreed Orders
An extension beyond the allotted 12 months requires a court finding of extraordinary circumstances and a hearing.
Any extension of time over the allotted 12 months requires the Court to make a finding of “extraordinary circumstances” and will require a hearing.
Page 3 | Agreed Orders
A request for an extension requires a motion and/or order for hearing before the Court considers the matter.
IT IS ORDERED that the following situations require a motion and/or order for hearing on the matter prior to consideration by the Court; or an advisement by the Department upon the event occurrence: 2. Requests for Extensions (TFC§ 264.401(b-3)) M/O;
Page 9 | Motions, Hearings and Advisements
A request for continuance requires a motion and/or order for hearing before the Court considers the matter.
IT IS ORDERED that the following situations require a motion and/or order for hearing on the matter prior to consideration by the Court; or an advisement by the Department upon the event occurrence: 1. Requests for Continuance (TRCP 251) M/O;
Page 9 | Motions, Hearings and Advisements
Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.
Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.
Page 1 | Vacation letters
A continuance requested within the 12-month deadline may be agreed to, subject to the Court’s scheduling.
Continuances requested inside the 12 month deadline can be agreed and will be accommodated as the court’s scheduling allows.
Page 3 | Agreed Orders
Chambers Communication Rules
The Court will not meet ex parte about case-specific information; a meeting about a particular case should include all parties’ attorneys, while other requested meetings are permitted.
Please note that the Court cannot meet with you ex parte for any case specific information. If there is concern about a particular case, please schedule a meeting including all the party's attorneys with Ms. Archer. Barring the discussion of a specific case, The Court is open to any requested meetings.
Page 4 | Meeting with attorneys
A party wishing to test courtroom audio or visual equipment must contact the bailiff before the hearing day to arrange testing outside hearing hours.
Those parties wishing to practice or test audio or visual equipment in the Courtroom must contact the bailiff prior to the day of the hearing and a time will be provided outside of hearing hours for said party to test the equipment and evidence.
Page 4 | Submission of Witnesses/Evidence and Notice Thereof