Judge Bethany Arnold
Individual Rules, Standing Orders & Policies
- Rules last changed:
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Document Format Requirements2 rules
Exhibits must be pre-marked on the document, numbered with numerals, and named to match their exhibit marking.
Court's wording
Exhibits must be pre-marked and numbered using numerals. Exhibits must be pre-marked on the document itself, and the title of each exhibit file shall correspond with the pre-marked exhibit, for example, “Petitioner Ex. 01.”
Movant must attach a proposed order to the motion to enter (do not mark with exhibit label)
Document Filing Requirements19 rules
b. For property divisions involving marital estates with numerous assets or debts, include with the exhibits an editable file (i.e., .xls) containing the party’s proposed property division.
The notice must state that: (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.
Movant must attach a proposed order to the motion to enter (do not mark with exhibit label) and the proponent must sign indicating approval as to form.
Nonmovant must attach markup identifying proposed edits and a clean copy signed indicating approval as to form.
In all divorces, a sworn inventory and appraisement must be pre-marked and submitted as an exhibit before the trial by default begins. (See Rule 6.4, above.)
If the respondent has not filed an answer or appeared in the case, a certificate of last known address and nonmilitary affidavit/declaration must be on file before trial.
An attorney representing a party must file an appropriate initial pleading with the court.
Court's wording
Any attorney representing a party in a case shall file an appropriate initial pleading with the court, be it a Petition, Answer, Notice of Appearance as Attorney of Record, or Motion and Order for Substitution of Counsel.
The pleading shall contain all information required under Rule 57 of the Texas Rules of Civil Procedure (“T.R.C.P”).
The specified final inventory, financial information, suggested child-support findings, and proposed property division must be filed before trial begins.
Court's wording
A party's final Inventory, Financial Information Statement and financial information required under the Tex. Fam. Code including, but not limited to, the party's income tax returns for the past two years and the party's two most recent payroll stubs, as well as suggested findings regarding child support and a proposed division of property shall be exchanged no later than ten (10) days before trial, and shall be filed before the commencement of trial.
Each inventory must provide the listed property, liability, separate-property, insurance, employment-benefit, retirement-plan, QDRO, summary, and estate-net-worth information.
Court's wording
Each inventory shall list each item of property and its value, and shall also list each liability, together with the amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability claimed to be separate property shall be so characterized. All beneficial interests in insurance and all benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested or non- vested) shall be identified. Each party shall incorporate as an exhibit to the inventory the last information furnished about to the employee’s rights and monetary interest in the retirement and savings plans. Each party shall also furnish sufficient information so the court may render a qualified domestic relations order, if applicable. A summary attached to the inventory shall list and total, in columnar format, the property values and liabilities. Each inventory shall show the net worth of the community estate and the net worth of any claimed separate estate.
If children are involved in the proceeding, the inventory shall contain sufficient information so the court may render a qualified medical child support order regarding health insurance for the children.
All forms required by governmental entities shall be submitted at the time the judgment or order is submitted.
Judgments or orders in uncontested matters, except Rule 11 settlements, and in qualifying default matters must be presented at the hearing.
Court's wording
All judgments or orders in uncontested matters (except for settlements made pursuant to T.R.C.P. 11) and in default matters (where citation has been served and there has been no answer filed or other general appearance) must be presented at the time of hearing on the uncontested or default matter.
Unopposed motions shall be labeled "Unopposed" in the caption.
- Document
- Unopposed motion
- Placement
- Caption
Must include
- •Unopposed
Each party making a disclosure shall promptly file a notice with the court advising that the required disclosure has taken place.
An opposed motion must include a certificate describing the parties’ good-faith conference and disagreement, or detailing the efforts to confer if they could not confer; this requirement does not apply to the listed motion types.
- Document
- Opposed motion
Must include
- •Certificate of conference
Court's wording
Opposed motions shall contain a certificate that: 1) states that the movant and respondent have conferred with each other and in good faith have attempted to resolve the matter; and 2) identifies the basis of disagreement between counsel; or 3) states that the parties have not been able to confer, and states in detail all efforts made to confer, including dates and methods of attempted communication. The provisions of subparts 5.1.2 and 5.1.3 do not apply to motions for summary judgment, default judgments, agreed judgments, motions for voluntary dismissal or non suit, and motions involving service of citation.
The vacation designation shall be honored only if it is made on the vacation letter form approved by the Board of District judges of the Family Trial Division and is accompanied by the attorney's designation of at least one attorney who has consented to act for the vacationing attorney.
The clerk must not submit noncompliant opposed motions to the judge, except that this requirement does not apply to the listed motion types.
Court's wording
The clerk of each court is directed not to submit opposed motions to the judge which do not comply with this rule. The provisions of subparts 5.1.2 and 5.1.3 do not apply to motions for summary judgment, default judgments, agreed judgments, motions for voluntary dismissal or non suit, and motions involving service of citation.
An obligee entitled to services may decline them by filing a written Refusal of Child Support Services with the District Clerk, unless other law requires acceptance; a later written application remains permitted.
Court's wording
Unless required to accept IV-D child support services pursuant to other laws, a child support obligee entitled to receive services pursuant to this rule may decline services by filing a written Refusal of Child Support Services with the District Clerk. Refusal of IV-D child support services pursuant to this rule does not preclude a subsequent written application for services.
Filing & Service rules
Filing Timing and Cure Windows
If an order has all signatures, the proposed order must be filed before the entry date for the judge’s signature.
If the order has all signatures, file the proposed order before your entry date for the judge’s signature.
Page 4 | 8.4. Uncontested Entries
Responses must be filed at least 3 days before submission and served by that deadline, or earlier if statute or rule requires it.
Must be filed and served at least 3 days before the submission date, or earlier if required by statute or rule.
Page 4 | 7.4. Responses
Judgments and orders must be submitted to the court for signing within ten days after rendition, unless the court directs otherwise.
All judgments and orders must be submitted to the court for signing within ten (10) days from the date of rendition, unless otherwise directed by the court.
Page 4 | 3.8 Judgements and Orders
A Respondent must make the required disclosure within 30 days after filing a first pleading or making a general appearance, whichever occurs first.
b) by a Respondent within 30 days after he or she files Respondent's first pleading or makes a general appearance in the case, whichever occurs first.
Page 5 | 4.4.4 Method of Disclosure — Timing of Disclosure
A Petitioner or Movant must make the required disclosure within 30 days after the Respondent files a first pleading or makes a general appearance.
a) by a Petitioner or Movant within 30 days after the Respondent files Respondent’s first pleading or makes a general appearance in the case;
Page 5 | 4.4.4 Method of Disclosure — Timing of Disclosure
Written vacation designations for months other than June, July, or August must be filed with the District Clerk by February 1.
Written designation for vacation weeks in months other than June, July, or August must be filed with the District Clerk by February 1.
Page 7 | 9.2 Time for Designation
Written vacation designations for June, July, or August must be filed with the District Clerk by May 15.
Written designation for vacation weeks during June, July, or August must be filed with the District Clerk by May 15.
Page 7 | 9.2 Time for Designation
If all respondents have appeared, the case may be dismissed unless: (1) the case has been settled and proven-up before the dismissal date, (2) trial has been set and approved to occur within 90 days of the dismissal date, or (3) before the dismissal date, a motion to retain has been granted by the court.
If all respondents have appeared, the case may be dismissed unless: (1) the case has been settled and proven-up before the dismissal date, (2) trial has been set and approved to occur within 90 days of the dismissal date, or (3) before the dismissal date, a motion to retain has been granted by the court.
Page 2 | General Docket Information
Failure to enter a final order by the date set by the Court may result in dismissal.
Failure to enter the order before that date may result in dismissal of the case.
Page 4 | 8.2. Final Orders
The judge must sign judgments and orders within seven working days after submission for entry, unless the court rejects them.
All judgments and orders submitted for entry must be signed by the judge within seven (7) working days from the date that the judgments or orders are submitted for entry, unless the judgment or order is rejected by the court.
Page 4 | 3.8 Judgements and Orders
Service and Proof of Service Rules
If a respondent has not appeared, a case may be dismissed unless a return of service or properly executed waiver is on file before the dismissal date.
If a respondent has not appeared, a case may be dismissed unless a return of service or a properly executed waiver is on file before the dismissal date.
Page 2 | General Docket Information
Parties must exchange exhibits and send them to the Court by 2:00 p.m. on the business day before the hearing; untimely exhibits may be excluded.
For all settings, exhibits must be exchanged by the parties and sent to the Court by 2:00 p.m. the business day before the hearing. Failure to timely exchange exhibits may result in the exclusion of those exhibits.
Page 3 | 6.4. Exhibits — Exchange by Parties
Responses must be served at least 3 days before submission, or earlier if statute or rule requires it.
Must be filed and served at least 3 days before the submission date, or earlier if required by statute or rule.
Page 4 | 7.4. Responses
Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.
Notice of submission setting must be served at least 10 days before the date of the hearing, or more if required by statute or rule.
Page 4 | 7.3. Notice
When a Scheduling Order has issued in a pending case, the Petitioner or Movant's attorney of record must provide a copy to each pro se party who has made or makes a general appearance.
Notwithstanding the foregoing, it shall also be the duty of the Petitioner or Movant's attorney of record in a pending case in which a Scheduling Order has issued to provide a copy of the Scheduling Order to any pro se party who has made or makes a general appearance in the pending case.
Page 3 | 3.6 Scheduling Orders
The specified final inventory, financial information, suggested child-support findings, and proposed property division must be exchanged no later than ten days before trial and filed before trial begins.
A party's final Inventory, Financial Information Statement and financial information required under the Tex. Fam. Code including, but not limited to, the party's income tax returns for the past two years and the party's two most recent payroll stubs, as well as suggested findings regarding child support and a proposed division of property shall be exchanged no later than ten (10) days before trial, and shall be filed before the commencement of trial.
Page 4 | 4.2 Final Information
Before a temporary-orders hearing involving child or spousal support, parties must complete and exchange Financial Information Statements, the prior two years of tax returns, and the two most recent payroll stubs.
In any hearing for temporary orders in which child support or spousal support is an issue, completion and exchange of Financial Information Statements, copies of income tax returns for the past two years, and the two most recent payroll stubs are required prior to the commencement of the hearing.
Page 4 | 4.1 Temporary Orders
The party directed to prepare a judgment or order must provide all opposing parties a copy of the proposed document at least five days before the entry date.
The party who is directed to prepare the judgment or order shall furnish all opposing parties with a copy of the proposed judgment or order at least five (5) days prior to entry date.
Page 4 | 3.8 Judgements and Orders
In divorce, annulment, and child- or spousal-support suits, each party must disclose specified information to the other party without waiting for a discovery request; disclosure includes making information in the party’s possession, custody, or control available for inspection and copying.
4.4 Duty of Disclosure. Without waiting for a discovery request, each party to a suit for divorce, annulment, or a suit in which child or spousal support is in issue, has a duty of disclosure of certain information to the other party. "Disclosure" includes providing for inspection and copying the information in the party's "possession, custody or control," as that phrase is defined in Rule 166b(2)(b) of the T.R.C.P.. Different types of suits require disclosure of different information.
Page 5 | 4.4 Duty of Disclosure
In a child- or spousal-support suit, each party must provide the other party insurance information and specified financial documents, except that the financial information need not be provided again if previously exchanged in connection with a temporary hearing.
4.4.2 Disclosure in Suit in which Child or Spousal Support is in Issue. Each party to a suit in which child support or spousal support is in issue shall, without waiting for a discovery request, provide to the other party the following information: 1) all policies, statements, and description of benefits which reflect any and all medical and health insurance coverage that is or would be available for the child or the spouse; 2) Unless the information has previously been exchanged in connection with a temporary hearing (Rule 4.1), a Financial Information Statement for the party, together with that party's previous two years income tax returns and two most recent payroll check stubs, or, if no payroll check stubs are available, the party's latest Form MT-2.
Page 5 | 4.4.2 Disclosure in Suit in which Child or Spousal Support is in Issue
In a divorce or annulment suit, each party must provide the other party specified property-related documents and account statements without waiting for a discovery request.
4.4.1 Disclosure in Suit for Divorce or Annulment. Each party to a suit for divorce or annulment shall, without waiting for a discovery request, provide to the other party the following information about property in which the party claims an interest: 1) all documents pertaining to real estate; 2) all documents pertaining to any pension, retirement, profit-sharing, or other employee benefit plan, together with the most recent account statement for any plan; 3) all documents pertaining to any life, casualty, liability, and health insurance; 4) the most recent account statement pertaining to any account located with any financial institution including, but not limited to, banks, savings & loans, credit unions, and brokerage firms.
Page 5 | 4.4.1 Disclosure in Suit for Divorce or Annulment
After making disclosure, a party must reasonably supplement or amend it upon obtaining information showing that it was incomplete or incorrect when made or is no longer complete or true.
After disclosure is made pursuant to this rule, each party shall be under a duty to reasonably supplement or to amend the information it the party obtains information on the basis of which he or she knows that the information disclosed was either incomplete or incorrect when made, or is no longer complete or true.
Page 6 | 4.4.5 Duty to Supplement
Required disclosures must be furnished to the opposing party’s attorney of record or, if the opposing party is pro se, directly to the opposing party at the party’s address.
The disclosures required under this rule shall be made by furnishing the information to the opposing party's attorney of record or, if the opposing party is pro se, by furnishing the disclosures to the opposing party at the party's address.
Page 6 | 4.4.4 Method of Disclosure — Delivery of Disclosure
Adjournment & Extension Requirements
Upon lead counsel’s request, the birth or adoption of a child creates a rebuttable presumption that a 90-day continuance should be granted.
The birth or adoption of a child by lead counsel shall create a rebuttable presumption that a 90-day continuance should be granted upon request.
Page 5 | 13. Birth or Adoption of Child
Continuances are governed by T.R.C.P. 251 through 254.
Continuances shall be governed by T.R.C.P. 251 through 254.
Page 4 | 3.7.6 Continuances
Chambers Communication Rules
Non-trial settings must be scheduled through the online scheduling system on the relevant court’s website.
Non-trial settings must be scheduled using the online scheduling system available on each court’s website.
Page 1 | Scheduling Information for the 247th and 308th
Except for CPS hearings and final trials, hearing dates for e-filed motions must be scheduled through the District Clerk’s e-hearing system.
Except for CPS hearings and final trials, all hearing dates for e-filed motions must be scheduled through the e-hearing system available through the District Clerk's website.
Page 1 | Scheduling Information for the 310th, 312th, and 507th
If running late for a hearing, email the “late” address listed on the court’s website and copy all counsel or self-represented litigants.
If you are running late for a hearing, email the “late” email address listed on the court’s website with a copy to all counsel or self-represented litigants.
Page 2 | General Policies for Hearings
Exhibits must be submitted by emailing a cloud-storage file share link to the designated exhibit email, with the specified subject line; the collaboration share feature must not be used.
a. Create and email a file share link using your cloud storage service to the designated exhibit email listed on the court’s website. The subject line of the email shall state the full cause number, your party identification, and the date of the court proceeding. Do not use the share feature intended for collaboration that requires an account with that service.
Page 3 | 6.4. Exhibits — Providing to Court
An attorney or pro se party entering a pending case must check with the court whether a Scheduling Order has issued and obtain any issued order from the District Clerk's office.
It shall be the duty of an attorney or pro se party entering a pending case to ascertain from the court whether a Scheduling Order has issued and if so, to obtain a copy of the Scheduling Order from the District Clerk's office.
Page 3 | 3.6 Scheduling Orders
A party must make prior arrangements before bringing a child to testify, unless a court order, including a writ of habeas corpus or attachment, requires the child's attendance.
No party is to bring a child to the courthouse to testify without prior arrangement pursuant to this rule, unless the child's attendance is required by court order including a writ of habeas corpus or attachment.
Page 3 | 3.5 Interview of Child / Child's Testimony
The attorney or pro se party responsible for bringing a child to court must immediately notify the court coordinator when the child is in the courthouse.
The attorney or pro se party who is responsible for the child's attendance at court shall immediately notify the court coordinator of the child's presence in the courthouse.
Page 3 | 3.5 Interview of Child / Child's Testimony
Telephone conferences are encouraged for non-evidentiary matters and must be scheduled through the court coordinator.
Use of telephone conferences between judges or associate judges and all attorneys in a case is encouraged for non-evidentiary matters. Telephone conferences shall be scheduled through the court coordinator.
Page 3 | 3.4 Telephone Conferences
When child testimony is necessary or statutorily required, an attorney seeking an interview must arrange a specific time through the court coordinator.
In all cases in which the court deems testimony of a child to be necessary or required by statute, the attorney wishing to have the child interviewed shall arrange a specific time through the court coordinator for the court to interview the child.
Page 3 | 3.5 Interview of Child / Child's Testimony
A child may not be brought into the courtroom without the express consent of the judge or associate judge.
The child shall not be brought into the courtroom without the express consent of the judge or associate judge.
Page 3 | 3.5 Interview of Child / Child's Testimony
Select “Signing Box” in the online scheduling system to alert the court that an order is ready for signing.
Select “Signing Box” in the online scheduling system to call the court’s attention to orders that are ready for signing.
Page 1 | Scheduling Information for the 247th and 308th
For a non-electronically filed motion, a self-represented litigant should contact the Court Clerk to schedule a hearing.
For non-electronically filed motions by self-represented litigants, the party should contact the Court Clerk to schedule a hearing.
Page 1 | Scheduling Information for the 310th, 312th, and 507th
Counsel seeking placement on a wheel must send the court’s website application to Melissa_Love@justex.net.
Counsel wanting to be placed on a wheel shall send the application located on the court’s website to Melissa_Love@justex.net.
Page 5 | 12.2. Applications for Inclusion
Attorneys and pro se litigants who do not expect to be on time or present in the courtroom during docket call must notify the court and the opposing side of this fact.
Attorneys and pro se litigants who do not expect to be on time or present in the courtroom during docket call must notify the court and the opposing side of this fact.
Page 2 | 3.3 Docket Call Procedures
Late attorneys and pro se parties must notify the court and opposing side of their estimated arrival time and the reason for the delay; an attorney delayed by another court appearance must also notify the clerk which court or courts they will attend.
Attorneys and pro se parties who will be late for docket call must give the court and opposing side notice of their estimated time of arrival at court and the reason for the delay. If the attorney is late because he or she must appear in another court at the same time, the clerk must be notified not only that the attorney will be late (as above), but also the specific court(s) in which the attorney will be appearing.
Page 2 | 3.3 Docket Call Procedures
Counsel must promptly report a conflicting engagement that may prevent trial availability; failure to do so may result in sanctions.
It is the duty of counsel to report promptly to the court immediately upon learning of a conflicting engagement that might preclude that counsel's availability for trial. Failure to do so may result in sanctions.
Page 7 | 8.7 Reporting of Conflicting Engagements
Hearings or submission matters before the 246th may be scheduled by emailing 246hearings@justex.net.
Matters can be scheduled for oral hearings or consideration by submission by emailing 246hearings@justex.net.
Page 1 | Scheduling Information for the 246th
You may contact the court coordinator to request that a scheduling order be generated.
Trial dates will be set by the court in automatically generated scheduling orders. You may also contact the court coordinator to request that a scheduling order be generated.
Page 5 | 9.4. Scheduling Trial