Judge Gonzalo Rios Jr.
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 Requirements5 rules
Those hearings with multiple witnesses, and/or exhibits will be in person
Contested matters will be held in person.
The Court is not responsible for providing any proprietary software for use with exhibits or ensuring that the exhibit functions.
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.
All audio and video exhibits must be saved in a usable format and named accordingly.
Document Filing Requirements16 rules
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.
Parties must appear in person unless the court grants a virtual-appearance request; an attorney must file a motion/order at least three days before the hearing or as soon as the emergency need becomes known.
Court's wording
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.
An Agreed order must be signed by all the parties and attorneys.
These witness/exhibit lists must be filed with the Court and are relied upon when making decisions concerning time allotments during the hearing.
- Document
- Witness exhibit list
Must include
- •Exhibit list
IT IS ORDERED that a standard pre-trial scheduling order shall be utilized.
DFPS/2Ingage must file an Advisement describing placement efforts within the above region within 24 hours of placement.
Court's wording
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.
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.
After three months without a qualifying placement in the home county or within 150 miles, DFPS placement or the assigned 2Ingage placement specialist must report the placements contacted, who contacted them, and their responses; email or fax attempts do not satisfy the requirement.
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. Emails or fax contact attempts will not be considered as complying with this requirement.
IT IS ORDERED that all relative/kinship/family placements that “do not qualify” for subsidy shall be told in detail the reason why they do not qualify and a report/advisement provided to the Court explaining the reasoning and whether a request for an exception has been made.
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.
The filed advisement must address the validity of consent and the specified informed-consent information.
Court's wording
**IT IS ORDERED** that an advisement shall immediately be filed with the court that includes the following information (TFC §266.0042, 264.018): The validity of the consent. Medical consent to giving a psychotropic medication is valid only if: - It is given voluntarily and without undue influence and - The consenter receives information (given verbally or in writing) describing: - The specific condition to be treated. - The beneficial effects on that condition expected from the medication. - The probable health and mental health consequences of not consenting to the medication. - The probable clinically significant side effects and risks associated with the medication. - *The generally accepted alternative medications and non-pharmacological interventions to the medication*, if any, and - The reasons for the proposed course of treatment
Unless as directed by the Texas Family Code, the Court does not take written reports in lieu of appearances on a regular basis. 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.
Agreed orders may replace appearances at final hearings in certain matters, but not when there is an unknown or absentee parent or unresolved matters requiring testimony or a prove-up.
Court's wording
The Court will take agreed orders in lieu of appearances at final hearings in certain matters. 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.” If there are any legal matters that require testimony or a prove up (a monitored return where the other parent does not agree on possession and access is not agreed and would require a prove up) the Court will need to hold the hearing to address those issues.
The parties must still prove up any exhibits during the trial/court proceeding.
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.
Failure to follow these court procedures may result in a limitation of the presentation of evidence or witnesses.
Filing & Service rules
Filing Timing and Cure Windows
Witness and exhibit lists must be sent 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
An advisement must be filed with the court immediately.
**IT IS ORDERED** that an advisement shall immediately be filed with the court
Page 7
For any medication prescription, the caregiver or child placing agency must notify DFPS/2Ingage and the Court within two business days; the requirement applies to parents and all placements and any medication.
**IT IS ORDERED** that any child that is placed on medication (of any kind) the caregiver or child placing agency must notify DFPS/2Ingage and the Court within two (2) business days of the medication prescription. This notification requirement applies to parents and all placements including fictive kin, relative or respite caregivers and includes any medication.
Page 7
Submit vacation letters in January and July, listing January vacation in the preceding July notice and July vacation in the preceding January letter.
Please submit your vacation letters in January and July. If you are taking vacation in January, submit that time in the previous July notice, if you are taking time in July, please submit that time in the previous January letter.
Page 1 | Vacation letters
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
Filing Bundling Requirements
The parties are encouraged to discuss agreed exhibits or stipulations before the proceeding.
The parties are encouraged to discuss any agreed exhibits or stipulations in advance of the Court proceeding.
Page 3 | Submission of Witnesses/Evidence and Notice Thereof
Adjournment & Extension Requirements
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
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.
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
Requests for continuances and extensions require a motion and/or hearing order 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; 2. Requests for Extensions (TFC§ 264.401(b-3)) M/O;
Page 9 | Motions, Hearings and Advisements
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 discuss case-specific information ex parte; a meeting about a particular case should include all parties’ attorneys, while other requested meetings are welcome.
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; testing will be arranged 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
The CPC will meet with a child upon request; in-person meetings are preferred where possible, while virtual meetings are available when the child’s schedule or location necessitates them.
The CPC will meet with any child upon request. It is preferable in person where possible, but virtual meetings are also available where the child's schedule or location necessitates using zoom.
Page 4 | Meeting with children
The advocate may choose whether to attend the child’s meeting, and all such meetings will have a record.
It is up to the advocate if they would like to be in on the meeting, but all meetings will have a record.
Page 4 | Meeting with children