Hidalgo County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- All motions to continue a trial setting, including joint motions, require a court ruling, and joint motions are not automatically granted.
- A docket control conference must be held immediately after a motion for continuance is granted.
- Grounds for postponement or continuance may be waived if not raised before or at the announcement hearing, unless they arise later or could not have been discovered through reasonable diligence.
- +4 more
Request must include
Communication
Document Format Requirements5 rules
All Exhibits are to be premarked with inadmissible matters redacted prior to trial.
- Exhibits
Formatting
- •Inadmissible matters must be redacted prior to trial
Attorneys who will be offering exhibits during an electronic hearing shall have those documents, photos, audio files, or videos available in a format that allow for immediate tender to the Court via chat or email. Failure to have exhibits in a format that is accessible by the Court and the parties may be excluded.
Formatting
- •Exhibits not accessible by the Court and the parties may be excluded
Attorneys offering exhibits during an electronic hearing must have them in a format that allows immediate tender to the Court by chat or email; inaccessible exhibits may be excluded.
Court's wording
Attorneys who will be offering exhibits during an electronic hearing shall have those documents, photos, audio files, or videos available in a format that allow for immediate tender to the Court via chat or email. Failure to have exhibits in a format that is accessible by the Court and the parties may be excluded.
In separate paragraphs, the letter shall state:
2.1 Form. Motions should be in writing
Document Filing Requirements42 rules
The Department must file a birth verification and/or birth certificate for each child by the Status Hearing, or within 45 days after the order is signed if that hearing has already occurred.
Court's wording
IT IS ORDERED that the DEPARTMENT shall file with the Court, on or before the Status Hearing, the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit. For case in which a Status Hearing has already been held, the DEPARTMENT shall file the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit no later than Forty-Five (45) days after the signing of this order.
The DEPARTMENT shall file their amended Petitions, with any corrections, within thirty (30) days of the filing of a VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE.
For the specified children to be placed outside the Rio Grande Valley, notice must be filed with the Court; prior Court approval is not required.
Court's wording
Child(ren) who have an extraordinarily high level of medical needs and/or children who have behavioral level of care “Specialized”, “Intense”, or higher, as defined under RULES 700.2341 & 700.2361 of the TEXAS ADMINISTRATIVE CODE, may be placed outside of counties of the Rio Grande Valley, upon notice filed with the Court and copied to all counsel of record. No prior Court approval is necessary.
When an order results from a non-Department party’s motion for relief, the movant must submit the required hearing orders and orders for which relief was sought, whether granted or denied.
Court's wording
If an order is rendered pursuant to a motion for relief by a party other than the DEPARTMENT, the Movant shall submit any required hearing orders and/or any orders for which relief has been sought, regardless of whether it has been granted or denied, no later than thirty (30) calendar days after the order is rendered by this Court.
IT IS ORDERED that all outstanding orders older than thirty (30) calendar days from the entry of this order shall be submitted to the Court no later than April 3, 2023, at 5:00 p.m.
The Department must submit hearing orders and orders for which relief was sought, whether granted or denied.
Court's wording
IT IS ORDERED that the DEPARTMENT shall submit hearing orders and/or any orders for which relief has been sought, regardless of whether it has been granted or denied, no later than thirty (30) calendar days after the order is rendered by this Court.
If a parent, attorney Ad Litem for the child(ren), or guardian Ad Litem for the child(ren) disapproves of the procedure, the DEPARTMENT shall file a Motion for Special Hearing on the matter which shall be set within two (2) business days. The elective medical or dental procedure shall not go forward until a hearing is held.
The notice shall include the reasons for the travel and the trip itinerary.
A request for leave to participate electronically at an in-person hearing must be made by written motion.
Court's wording
Parties wishing to appear or present witness testimony electronically for an in-person hearing must request leave of Court by way of written motion filed at least three (3) business days prior to the hearing and an order granting or denying the request.
Every notice of hearing or order setting hearing must include the court’s name, address, telephone number, electronic appearance link, and instructions for obtaining current telephonic appearance information.
Court's wording
IT IS ORDERED that all following information shall be included in all Notices of Hearing or Orders Setting Hearing: Child Protection Court of the Rio Grande Valley West 100 N. Closner Blvd Edinburg, Texas 78539 Telephone (956) 318-2671 Zoom ID for Electronic Appearances - https://app.zconnect.io/r/XBLBIK Zoom ID and Phone Number for Telephonic Appearances – Please Call 956-318- 2671 for current dial-in information.
2. The form shall contain the inmates name, date of birth, and/or SO Number.
1. The Attorney Ad Litem shall email the Court attached form marked as “Exhibit 1” to childprotectioncourt@co.hidalgo.tx.us
- Document
- Request form
Must include
- •Attached form marked as “Exhibit 1”
IT IS ORDERED that the DEPARTMENT shall file with the Court, on or before the Status Hearing, the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit.
The DEPARTMENT shall file their amended Petitions, with any corrections, within thirty (30) days of the filing of a VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE.
A placement notice must be filed with the Court when qualifying children are placed outside the Rio Grande Valley.
Court's wording
Child(ren) who have an extraordinarily high level of medical needs and/or children who have behavioral level of care “Specialized”, “Intense”, or higher, as defined under RULES 700.2341 & 700.2361 of the TEXAS ADMINISTRATIVE CODE, may be placed outside of counties of the Rio Grande Valley, upon notice filed with the Court and copied to all counsel of record. No prior Court approval is necessary.
IT IS ORDERED that all vouchers submitted for payment by appointed counsel conform with the above categorizations in the Court’s findings and with the documentation requirements of the County Auditor.
The notice shall include documentation from the treating physician demonstrating the medical necessity of the procedure.
If a parent or either appointed ad litem disapproves of the procedure, the Department must file a Motion for Special Hearing.
Court's wording
If a parent, attorney Ad Litem for the child(ren), or guardian Ad Litem for the child(ren) disapproves of the procedure, the DEPARTMENT shall file a Motion for Special Hearing on the matter which shall be set within two (2) business days.
The notice shall include the reasons for the travel and the trip itinerary.
Parties wishing to appear or present witness testimony electronically for an in-person hearing must request leave of Court by way of written motion filed at least three (3) business days prior to the hearing and an order granting or denying the request.
An Attorney Ad Litem must submit a request to the Court when a Hidalgo County-custody incarcerated parent requires attendance at a hearing.
Court's wording
IT IS ORDERED that an Attorney Ad Litem representing an incarcerated parent that is in the custody of the County of Hidalgo and who requires their attendance at a hearing shall submit a request to the Court in accordance with the following:
The form shall contain the inmates name, date of birth, and/or SO Number.
A discovery motion or request for a discovery hearing must include a certificate stating that a reasonable effort to resolve the dispute without court intervention was made and failed.
Court's wording
All discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed.
2.1 Form. Motions should be in writing and if filed shall be accompanied by an Order Setting Hearing and a Certificate of Conference.
- Document
- Motion
Must include
- •Certificate of conference
All applications for ex-parte relief shall state whether or not, within the knowledge of the applicant, and his attorney, the opposing party is represented by counsel, and the name of such counsel.
2.2 Order Setting Hearing. The Order Setting Hearing shall include the names and mailing address of all counsel of record.
The Joint Pretrial Order shall contain the information set out in Appendix A.
If the other deadlines set out in the Court’s prior scheduling order change due to the new trial date, a new scheduling Order shall be entered.
The Order granting such Motion for continuance shall contain an Order resetting the case for trial.
If mediation is unsuccessful, the result shall be reported in the Joint Pre-Trial Order filed with the Court pursuant to Rule 3.
A withdrawal motion must include client consent, a certificate from newly employed counsel, or the specified mailed notice to the client with a copy of the letter attached.
Court's wording
Such motion shall include the client’s written consent to such withdrawal or a certificate by another lawyer that he has been employed to represent the client in the case, or a copy of such motion shall be mailed to the client at his last known address with a letter advising that the motion will be presented to the court on a particular date and any objection to such withdrawal should be made to the Court in writing. A copy of such letter shall be attached to the Motion.
Attorneys seeking payment for representing indigent criminal defendants must submit a signed registration letter to each district court’s coordinator containing the specified information.
Court's wording
Attorneys who wish to be paid for representing indigent criminal defendants in Hidalgo County’s district courts shall register to do so by submitting a signed letter to the Court coordinator for each district court. In separate paragraphs, the letter shall state: (a) the attorneys name, office address, telephone and and telecopier numbers, Texas Bar Number and its date of issuance; (b) a brief narrative describing the attorney’s experience practicing criminal law in Texas. ( c) a brief narrative describing any experience through which the attorney has acquired a special expertise as lead counsel, e.g. mental-health cases, capital cases, or appeals; (d) any limitations on the types of cases that the attorney would accept; and (e) a statement that the attorney understands these local rules and pledges to comply.
Before a defendant may waive Arraignment, the defendant’s attorney must certify in writing to the court that the defendant waived arraignment after understanding the purpose of arraignment.
Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement containing the defendant’s plea and signature, and the signature of the defendant’s attorney, no later than the day before arraignment is scheduled.
Where a court Continues a trial setting on its own motion, this fact shall be recorded on the docket of the continued case together with the next trial setting.
The parties must prepare and file a Joint Pretrial Order signed by the parties or their attorneys, containing the specified party and counsel information, motions, discovery status, witnesses, and expected exhibits.
- Document
- Joint pretrial order
Must include
- •Exhibit list
Court's wording
Pursuant to Rule 3 of the Hidalgo County Local Rules of Court, the Parties shall prepare and file with the clerk of the Court a Joint Pretrial Order. The Joint Pretrial Order shall be signed by the parties or their attorneys of record and filed with the Clerk 14 day’s prior to the Final Pretrial Conference scheduled by the Court. The Joint Pretrial Order shall contain the information set forth below. 1) A list of the names of all Parties, whether represented or pro se, and the names, bar numbers, addressees, and telephone number of all counsel. 2) A list of all pending motions by parties, including motions in liminie. The parties shall state which motions require a hearing by the court. If no motions are pending, the parties are to so state. 3) A statement as to the status of discovery or that discovery is complete. 4) A list of all witnesses to be called at trial by the parties and a brief statement as to the subject matter of their testimony. 5) A list of all exhibits expected to be offered at trial. Each party will make the exhibits available for examination by opposing counsel. If there is a disagreement as to the authenticity or admissibility of any of the exhibits, the Parties shall notify the court at or prior to the final pretrial conference.
8) A short statement on the status of settlement negotiations and the outcome of the mediation conference.
6) Each party shall attach a proposed jury charge including instructions, definitions and questions to the Joint Pretrial Order.
7) A statement by each party as to the probable number of days for trial and any special scheduling difficulties of counsel, parties or witnesses.
No attorney of record should be permitted to withdraw from any case without presenting a Motion and obtaining from the Court an Order granting leave to withdraw.
Attorney Ad Litem representing parents who are in state or federal custody, may file the appropriate motion and bench warrant requesting their appearance.
Notices of Hearing and Orders Setting Hearing must include the court’s address, telephone number, and electronic and telephonic appearance instructions.
Court's wording
IT IS ORDERED that all following information shall be included in all Notices of Hearing or Orders Setting Hearing: Child Protection Court of the Rio Grande Valley West 100 N. Closner Blvd Edinburg, Texas 78539 Telephone (956) 318-2671 Zoom ID for Electronic Appearances - https://app.zconnect.io/r/XBLBIK Zoom ID and Phone Number for Telephonic Appearances – Please Call 956-318-2671 for current dial-in information.
Filing & Service rules
Electronic Filing Rules
Court-appointed counsel must e-file future vouchers no later than 60 days after the hearing for which the services were rendered.
IT IS ORDERED that Court Appointed Counsel shall submit all future vouchers requesting payment for services rendered, in and out of court, no later than sixty (60) days after that hearing for which the services were rendered by e-file.
Civil cases
Page 5 | SUBMISSION OF VOUCHERS BY COURT APPOINTED COUNSEL
Attorney vouchers more than 60 days old must be e-filed to the Court by April 3, 2023, at 5:00 p.m.
IT IS ORDERED that all attorney vouchers submitted requesting payment for services rendered, older than sixty (60) days from the last hearing held, be submitted by e-file to the Court no later than April 3, 2023, at 5:00 p.m.
Civil cases
Page 5 | SUBMISSION OF VOUCHERS BY COURT APPOINTED COUNSEL
Exhibits must be uploaded to Thomson Reuters Case Center before the court proceeding in which they will be used.
All exhibits-including but not limited to documents, photographs, audio recordings, maps, and deeds-shall be uploaded to Thomson Reuters Case Center prior to the commencement of the court proceeding during which said exhibit shall be utilized.
Civil cases
Page 3 | Online Evidence Sharing
Filing Timing and Cure Windows
The Department must file the birth verification and/or birth certificate on or before the Status Hearing.
IT IS ORDERED that the DEPARTMENT shall file with the Court, on or before the Status Hearing, the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit.
Civil cases
Page 1 | I. VERIFICATION OF CHILDRENS LEGAL NAMES
Amended petitions with any corrections are due within 30 days after the birth verification and/or birth certificate is filed.
The DEPARTMENT shall file their amended Petitions, with any corrections, within thirty (30) days of the filing of a VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE.
Civil cases
Page 2 | I. VERIFICATION OF CHILDRENS LEGAL NAMES
If the Status Hearing has already occurred, the Department must file the birth verification and/or birth certificate within 45 days after the order is signed.
For case in which a Status Hearing has already been held, the DEPARTMENT shall file the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit no later than Forty-Five (45) days after the signing of this order.
Civil cases
Page 2 | I. VERIFICATION OF CHILDRENS LEGAL NAMES
Outstanding orders more than 30 calendar days old when this order was entered were due April 3, 2023, at 5:00 p.m.; failure to submit them may lead to a show-cause hearing and sanctions.
IT IS ORDERED that all outstanding orders older than thirty (30) calendar days from the entry of this order shall be submitted to the Court no later than April 3, 2023, at 5:00 p.m. Should the DEPARTMENT or Movant fail to submit the outstanding orders, the Court may set a Show Cause hearing at which the party must show cause for failing to submit the orders timely. Failure to cure the defect by the time of Show Cause Hearing may result in the imposition of sanctions, including dismissal or the denial of the relief granted.
Civil cases
Page 4 | III. Submission of Hearing Orders
The Department must submit the specified orders no later than 30 calendar days after the Court renders the order.
IT IS ORDERED that the DEPARTMENT shall submit hearing orders and/or any orders for which relief has been sought, regardless of whether it has been granted or denied, no later than thirty (30) calendar days after the order is rendered by this Court.
Civil cases
Page 4 | III. Submission of Hearing Orders
For an order resulting from a non-Department party’s motion for relief, the movant must submit the specified orders no later than 30 calendar days after the Court renders the order.
If an order is rendered pursuant to a motion for relief by a party other than the DEPARTMENT, the Movant shall submit any required hearing orders and/or any orders for which relief has been sought, regardless of whether it has been granted or denied, no later than thirty (30) calendar days after the order is rendered by this Court.
Civil cases
Page 4 | III. Submission of Hearing Orders
A party seeking to appear or present witness testimony electronically at an in-person hearing must request leave by written motion at least three business days before the hearing, and the request requires an order granting or denying it.
Parties wishing to appear or present witness testimony electronically for an in-person hearing must request leave of Court by way of written motion filed at least three (3) business days prior to the hearing and an order granting or denying the request.
Civil cases
Page 10 | VII. IN-PERSON AND REMOTE HEARINGS
A request for a county inmate must not be filed more than five business days before the hearing.
5. Do not file a request for a county inmate more than five (5) business days prior to a hearing.
Civil cases
Page 12 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
For an inmate housed in the Hidalgo County Detention Center, the Attorney Ad Litem must email the request by 10:00 a.m. on the business day before the hearing.
3. If the inmate is housed in the Hidalgo County Detention Center, the Attorney Ad Litem representing the incarcerated parent email the request no later than 10:00 a.m. on the business day prior to their scheduled hearing.
Civil cases
Page 12 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
For an inmate housed outside the Hidalgo County Detention Center due to overflow, the Attorney Ad Litem must email the request at least two business days before the hearing.
4. If the inmate is housed outside of the Hidalgo County Detention Center due to overflow, the Attorney Ad Litem representing the incarcerated parent email the request at least two business days prior to their hearing.
Civil cases
Page 12 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
The Motion and Bench Warrant must be filed at least three weeks before the trial setting.
Motion and Bench Warrant shall be filed least three (3) weeks prior to the trial setting
Civil cases
Page 13 | Standing Order
IT IS ORDERED that the DEPARTMENT shall file with the Court, on or before the Status Hearing, the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit.
IT IS ORDERED that the DEPARTMENT shall file with the Court, on or before the Status Hearing, the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit.
Civil cases
Page 1 | VERIFICATION OF CHILDRENS LEGAL NAMES
If a Status Hearing has already been held, the Department must file each child's verification of birth or birth certificate no later than 45 days after the order is signed.
For case in which a Status Hearing has already been held, the DEPARTMENT shall file the VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE for each child who is the subject of a suit no later than Forty-Five (45) days after the signing of this order.
Civil cases
Page 2 | VERIFICATION OF CHILDRENS LEGAL NAMES
Amended petitions, including any corrections, are due within 30 days after the verification of birth or birth certificate is filed.
The DEPARTMENT shall file their amended Petitions, with any corrections, within thirty (30) days of the filing of a VERIFICATION OF BIRTH and/or BIRTH CERTIFICATE.
Civil cases
Page 2 | VERIFICATION OF CHILDRENS LEGAL NAMES
For an order rendered on a non-Department party's motion for relief, the movant must submit the required orders within 30 calendar days after the Court renders the order.
If an order is rendered pursuant to a motion for relief by a party other than the DEPARTMENT, the Movant shall submit any required hearing orders and/or any orders for which relief has been sought, regardless of whether it has been granted or denied, no later than thirty (30) calendar days after the order is rendered by this Court.
Civil cases
Page 4 | SUBMISSION OF HEARING ORDERS
The Department must submit hearing orders and other orders for which relief was sought within 30 calendar days after the Court renders the order.
IT IS ORDERED that the DEPARTMENT shall submit hearing orders and/or any orders for which relief has been sought, regardless of whether it has been granted or denied, no later than thirty (30) calendar days after the order is rendered by this Court.
Civil cases
Page 4 | SUBMISSION OF HEARING ORDERS
Outstanding orders more than 30 calendar days old when this order was entered must be submitted by April 3, 2023, at 5:00 p.m.
IT IS ORDERED that all outstanding orders older than thirty (30) calendar days from the entry of this order shall be submitted to the Court no later than April 3, 2023, at 5:00 p.m.
Civil cases
Page 4 | SUBMISSION OF HEARING ORDERS
Vouchers more than 60 days old from the last hearing were due by April 3, 2023, at 5:00 p.m.
IT IS ORDERED that all attorney vouchers submitted requesting payment for services rendered, older than sixty (60) days from the last hearing held, be submitted by e-file to the Court no later than April 3, 2023, at 5:00 p.m.
Civil cases
Page 5 | SUBMISSION OF VOUCHERS BY COURT APPOINTED COUNSEL
Future vouchers must be submitted no later than 60 days after the hearing for which the services were rendered.
IT IS ORDERED that Court Appointed Counsel shall submit all future vouchers requesting payment for services rendered, in and out of court, no later than sixty (60) days after that hearing for which the services were rendered by e-file.
Civil cases
Page 5 | SUBMISSION OF VOUCHERS BY COURT APPOINTED COUNSEL
The written motion requesting leave to appear or present witness testimony electronically at an in-person hearing must be filed at least three business days before the hearing.
Parties wishing to appear or present witness testimony electronically for an in-person hearing must request leave of Court by way of written motion filed at least three (3) business days prior to the hearing and an order granting or denying the request.
Civil cases
Page 10 | IN-PERSON AND REMOTE HEARINGS
For an inmate housed outside the Hidalgo County Detention Center due to overflow, the request must be emailed at least two business days before the hearing.
If the inmate is housed outside of the Hidalgo County Detention Center due to overflow, the Attorney Ad Litem representing the incarcerated parent email the request at least two business days prior to their hearing.
Civil cases
Page 13 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
For an inmate housed at the Hidalgo County Detention Center, the request must be emailed by 10:00 a.m. on the business day before the scheduled hearing.
If the inmate is housed in the Hidalgo County Detention Center, the Attorney Ad Litem representing the incarcerated parent email the request no later than 10:00 a.m. on the business day prior to their scheduled hearing.
Civil cases
Page 13 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
A motion and bench warrant must be filed at least three weeks before the trial setting.
IT IS ORDERED that any Motion and Bench Warrant shall be filed least three (3) weeks prior to the trial setting
Civil cases
Page 14 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
Except in an emergency when the clerk’s office is closed, an application for immediate or temporary relief must be filed and assigned to a court before being presented to a judge.
Except in emergencies when the clerk’s office is not open for business, no application for immediate or temporary relief shall be presented to the judge until it has been filed and assigned to a Court as provided in these rules.
Civil cases
Page 3 | Rule 2. Pre-Trial Motions
The parties must file a Joint Pretrial Order at least 14 days before the court-scheduled final pretrial conference.
A Joint Pretrial Order shall be filed by the parties at least 14 days before the final pretrial conference scheduled by the court.
Civil cases
Page 4 | Rule 3. Pre-Trial Orders and Pre-Trial Conferences
Mediation is mandatory in every contested case unless an objection is filed and the court excuses the parties at least 60 days before trial.
Mediation is mandatory for every contested case unless an objection is filed and the parties are excused by the court at least 60 days before trial.
Civil cases
Page 6 | 6.1 Mediation
Unless the parties are excused from mediation, the mediation conference must occur before the deadline to file the Joint Pretrial Order.
Otherwise, a mediation conference must be held prior to the deadline for filing the Joint Pretrial Order.
Civil cases
Page 6 | 6.1 Mediation
If waiver is allowed, the statement waiving arraignment must be filed no later than the day before the scheduled arraignment.
Where allowed by the court in which an indictment is filed, a defendant may waive arraignment only by filing a statement containing the defendant’s plea and signature, and the signature of the defendant’s attorney, no later than the day before arraignment is scheduled.
Civil cases
Page 10 | 10.5 Waiver of Arraignment
The Joint Pretrial Order must be filed with the Clerk 14 days before the Final Pretrial Conference.
The Joint Pretrial Order shall be signed by the parties or their attorneys of record and filed with the Clerk 14 day’s prior to the Final Pretrial Conference scheduled by the Court.
Civil cases
Page 14 | Appendix A
An objection to a request for electronic participation should be filed no later than two business days before the hearing.
Any objection should be filed no later than two (2) business days prior to the hearing.
Civil cases
Page 10 | VII. IN-PERSON AND REMOTE HEARINGS
Untimely attorney vouchers may result in denial of payment, suspension from the appointment wheel, or both.
The untimely submission of attorney vouchers pending request for payment either within the sixty (60) days after a hearing, or older vouchers due by April 3, 2023, can result in the denial of payment and/or suspension from the appointment wheel.
Civil cases
Page 6 | SUBMISSION OF VOUCHERS BY COURT APPOINTED COUNSEL
An objection to a request for electronic appearance should be filed no later than two business days before the hearing.
Any objection should be filed no later than two (2) business days prior to the hearing.
Civil cases
Page 10 | IN-PERSON AND REMOTE HEARINGS
If counsel does not submit the request on time, the inmate will not be brought to the courtroom and the hearing will proceed without them.
If counsel does not submit the request timely, the inmate/client will not be brought to the courtroom and the hearing will go forward without their presence.
Civil cases
Page 13 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
A request for a county inmate must not be filed more than five business days before the hearing.
Do not file a request for a county inmate more than five (5) business days prior to a hearing.
Civil cases
Page 13 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
In family law cases, if no Docket Control Conference has been scheduled within 60 days after suit is filed, the Court must schedule one automatically.
If no Docket Control Conference has been scheduled in family law cases by the expiration of 60 days from the date suit is filed, then such conference shall be automatically scheduled by the Court.
Civil cases
Page 4 | Rule 4. Trials
If no Docket Control Conference has been held within 120 days after suit is filed, the Court must schedule one automatically.
If no Docket Control Conference has been held by the expiration of 120 days from the date suit is filed, then such conference shall be automatically scheduled by the Court.
Civil cases
Page 4 | Rule 4. Trials
Service and Proof of Service Rules
For the specified children to be placed outside the Rio Grande Valley, the filed notice must also be copied to all counsel of record.
Child(ren) who have an extraordinarily high level of medical needs and/or children who have behavioral level of care “Specialized”, “Intense”, or higher, as defined under RULES 700.2341 & 700.2361 of the TEXAS ADMINISTRATIVE CODE, may be placed outside of counties of the Rio Grande Valley, upon notice filed with the Court and copied to all counsel of record. No prior Court approval is necessary.
Civil cases
Page 3 | II. Placement of Children
IT IS ORDERED that DEPARTMENT shall provide notice of no less than five (5) days of the child’s intent to travel out -of-state to any legal or adjudicated parent whose rights have not been terminated and is subject to the jurisdiction of the Court, the Attorney Ad Litem for the child(ren), and the Guardian Ad Litem for the Child(ren).
IT IS ORDERED that DEPARTMENT shall provide notice of no less than five (5) days of the child’s intent to travel out -of-state to any legal or adjudicated parent whose rights have not been terminated and is subject to the jurisdiction of the Court, the Attorney Ad Litem for the child(ren), and the Guardian Ad Litem for the Child(ren).
Civil cases
Page 8 | VI. Authorization for Travel
The placement notice must be copied to all counsel of record.
Child(ren) who have an extraordinarily high level of medical needs and/or children who have behavioral level of care “Specialized”, “Intense”, or higher, as defined under RULES 700.2341 & 700.2361 of the TEXAS ADMINISTRATIVE CODE, may be placed outside of counties of the Rio Grande Valley, upon notice filed with the Court and copied to all counsel of record. No prior Court approval is necessary.
Civil cases
Page 3 | PLACEMENT OF CHILDREN
IT IS ORDERED that all elective medical and dental procedures necessitating general anesthesia shall require notice and consent to any legal or adjudicated parent whose rights have not been terminated and is subject to the jurisdiction of the Court, the Attorney Ad Litem for the child(ren), and the Guardian Ad Litem for the Child(ren). DEPARTMENT shall provide notice of no less than five (5) business days of the elective medical or dental procedure requiring general anesthesia to any legal or adjudicated parent whose rights have not been terminated and is subject to the jurisdiction of the Court, the Attorney Ad Litem for the child(ren), and the Guardian Ad Litem for the Child(ren).
IT IS ORDERED that all elective medical and dental procedures necessitating general anesthesia shall require notice and consent to any legal or adjudicated parent whose rights have not been terminated and is subject to the jurisdiction of the Court, the Attorney Ad Litem for the child(ren), and the Guardian Ad Litem for the Child(ren). DEPARTMENT shall provide notice of no less than five (5) business days of the elective medical or dental procedure requiring general anesthesia to any legal or adjudicated parent whose rights have not been terminated and is subject to the jurisdiction of the Court, the Attorney Ad Litem for the child(ren), and the Guardian Ad Litem for the Child(ren).
Civil cases
Page 6 | AUTHORIZATION FOR ELECTIVE MEDICAL AND DENTAL PROCEEDURES REQUIRING GENERAL ANESTHESIA
The Department must give the specified parents and ad litems at least five days’ notice of a child’s intent to travel out of state.
IT IS ORDERED that DEPARTMENT shall provide notice of no less than five (5) days of the child’s intent to travel out -of-state to any legal or adjudicated parent whose rights have not been terminated and is subject to the jurisdiction of the Court, the Attorney Ad Litem for the child(ren), and the Guardian Ad Litem for the Child(ren).
Civil cases
Page 8 | VI. AUTHORIZATION FOR TRAVEL
A copy of the withdrawal motion must be delivered or mailed to opposing counsel.
A copy of the motion shall be delivered or mailed to opposing counsel.
Civil cases
Page 6 | 5.1 Withdrawal of Counsel
After a hearing is set, the District Clerk must notify the defendant by certified mail with return receipt requested, notify the attorney by fax or regular mail, and file the correspondence and mailing receipts.
The District Clerk shall notify each defendant of the arraignment in the defendant’s criminal case by certified mail, return receipt requested, as soon as practicable after a court sets the case for a hearing. The District Clerk shall also notify the defendant’s attorney of the arraignment by facsimile transmission or by regular mail. The District Clerk shall file the correspondence and mailing receipts in each defendant’s case.
Civil cases
Page 9 | 10.2 Notification of Arraignment Date
The District Clerk must deliver every arraignment notice to the District Attorney’s office and send the sheriff notices for jailed defendants, whom the sheriff must transport to arraignment.
The District Clerk shall deliver a Copy of every arraignment notice to the District Attorney’s office. The District Clerk shall provide a copy of each arraignment notice concerning a jailed defendant to the sheriff, who must transport each jailed defendant to the arraignment.
Civil cases
Page 9 | 10.3 Notification to Sheriff
The District Clerk must promptly notify the State, the defendant, and defense counsel of the next trial setting.
The District Clerk shall promptly provide notice of this next trial setting to the State, the defendant, and defense counsel.
Civil cases
Page 11 | 10.14 Continuance on Court’s Own Motion
The parties must exchange page-and-line designations for videotaped deposition excerpts before trial.
Page and line designation for video taped deposition excerpts shall be exchanged by the parties prior to trial.
Civil cases
Page 15 | Rule 3. Pre-Trial Orders and Pre-Trial Conferences
If a parent, Attorney Ad Litem for the child(ren), and Guardian Ad Litem for the child(ren) do not respond to the DEPARTMENT’s request for consent after three (3) business days, the request
If a parent, Attorney Ad Litem for the child(ren), and Guardian Ad Litem for the child(ren) do not respond to the DEPARTMENT’s request for consent after three (3) business days, the request
Civil cases
Page 6 | AUTHORIZATION FOR ELECTIVE MEDICAL AND DENTAL PROCEEDURES REQUIRING GENERAL ANESTHESIA
Pre-Motion Conference Requirements
Summary judgment motions are heard by submission only unless the Court orders an oral hearing.
2.5 Summary Judgment Motions. Summary Judgment Motions shall be heard by submission only unless an oral hearing is ordered by the Court.
Civil cases
Page 3 | Rule 2. Pre-Trial Motions
A pre-trial hearing involving a discovery dispute may not be scheduled unless Rule 2.3 has been complied with.
2.4 Pre-Trial Hearings. Pre-Trial Hearings may be scheduled by the Court Coordinator for each Court. No Pre-Trial Hearing involving a discovery dispute shall be scheduled unless Rule 2.3 has been complied with.
Civil cases
Page 3 | Rule 2. Pre-Trial Motions
All counsel are expected to engage in good-faith negotiations before filing pre-trial motions.
2.3 Certificate of Conference. All counsel are expected to engage in good faith negotiations prior to filing pre-trial motions.
Civil cases
Page 3 | Rule 2. Pre-Trial Motions
Pretrial motions are heard immediately before jury selection unless the moving party specifically requests an earlier hearing and obtains a date from the court coordinator.
Pre-Trial motions in criminal cases will be heard immediately preceding jury selection unless the proponent of any motion specifically requests an earlier hearing and secures a hearing date from the coordinator of the court in which the case is pending.
Civil cases
Page 10 | 10.8 Pre-Trial Motions
Adjournment & Extension Requirements
All motions to continue a trial setting, including joint motions, require a court ruling, and joint motions are not automatically granted.
All Motions for Continuance of a Trial Setting including joint motions of all parties must be ruled on by the Court. Joint Motions for Continuance are not automatically granted.
Civil cases
Page 5 | 4.7 Continuances
Grounds for postponement or continuance may be waived if not raised before or at the announcement hearing, unless they arise later or could not have been discovered through reasonable diligence.
Every ground for postponement or continuance not brought to the Court’s attention prior to or at the announcement’s hearing may be deemed waived and may not be considered unless grounds arise after that time, or unless said grounds could not have been discovered by counsel in the exercise of reasonable diligence before such time.
Civil cases
Page 5 | 4.8 Announcements for Trial
A docket control conference must be held immediately after a motion for continuance is granted.
Upon granting a Motion for Continuance, a docket control conference shall immediately be held.
Civil cases
Page 5 | 4.7 Continuances
An attorney seeking a continuance due to conflicting settings must file a verified motion stating the conflicting setting’s cause number, style, and court; the court may deny a deficient motion without a hearing.
If an attorney moves for Continuance due to conflicting settings, the attorney must file a verified motion that states the cause number, style, and court of the conflicting setting. Failure to submit a verified motion with the required information may cause the court to deny the motion without a hearing.
Civil cases
Page 10 | 10.11 Continuance due to conflicts
A continuance of a trial setting for a jailed defendant may be granted only after a record hearing gives the defendant an opportunity to comment, or counsel files a written motion or response signed by counsel and the defendant stating that counsel explained the continuance’s purpose and effect.
A court shall not grant a motion for continuance of a trial setting for a jailed defendant unless; (a) a record hearing is held where the defendant is afforded an opportunity to personally comment on the request for continuance; or (b) defense counsel files a written motion or response, signed by counsel and the defendant, stating that counsel explained the purpose and effect of the requested continuance to the defendant.
Civil cases
Page 11 | 10.13 Continuance for Jailed Defendant
Filing a motion for continuance does not excuse counsel or the defendant from appearing at a scheduled hearing.
Mere filing of a motion for continuance does not excuse the absence of counsel or the defendant at a scheduled hearing.
Civil cases
Page 11 | 10.12 Appearance of Counsel and Defendant
Counsel’s absence due to conflicting settings is excused if counsel filed a verified continuance motion describing the conflict.
If counsel fails to appear due to conflicting settings and has filed a verified motion for continuance describing the conflict, counsel’s absence shall be excused.
Civil cases
Page 11 | 10.12 Appearance of Counsel and Defendant
Chambers Communication Rules
The Attorney Ad Litem must email the Court the attached form marked Exhibit 1.
1. The Attorney Ad Litem shall email the Court attached form marked as “Exhibit 1” to childprotectioncourt@co.hidalgo.tx.us
Civil cases
Page 12 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
The Attorney Ad Litem for the incarcerated parent must notify the Court by email of the filing as soon as possible.
Attorney Ad Litem representing the incarcerated parent shall notify the Court of the filing by email to childprotectioncourt@co.hidalgo.tx.us as soon as possible.
Civil cases
Page 13 | Standing Order
The child’s attorney must email all parties and the Court in advance with the basis for any excusal request.
The attorney for the child shall also email all parties and the Court in advance setting out the basis for any excusal request so that the Court may rule promptly.
Civil cases
Page 12 | VIII. CHILD ATTENDANCE AT HEARINGS (AMENDED)
For an absence not covered by an automatic excusal, CPS must email all parties and copy the Court at least 72 hours before the hearing, stating the reason and proposed arrangements.
If a child cannot attend for any reason not listed in subsection A, CPS shall email all parties and copy the Court at least seventy-two (72) hours before the hearing, explaining the basis for the absence and any proposed arrangements.
Civil cases
Page 12 | VIII. CHILD ATTENDANCE AT HEARINGS (AMENDED)
The Attorney Ad Litem must email the Court the attached Exhibit 1 form at the specified address.
The Attorney Ad Litem shall email the Court attached form marked as “Exhibit 1” to childprotectioncourt@co.hidalgo.tx.us
Civil cases
Page 13 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
The Attorney Ad Litem must notify the Court by email at the specified address as soon as possible after filing.
Attorney Ad Litem representing the incarcerated parent shall notify the Court of the filing by email to childprotectioncourt@co.hidalgo.tx.us as soon as possible.
Civil cases
Page 14 | IX. REQUESTS AND BENCH WARRANTS FOR PARENTS IN CUSTODY
An attorney may withdraw from representing a defendant only with the court’s written permission for good cause shown.
No attorney may withdraw from representing a defendant without written permission of the court for good cause shown.
Civil cases
Page 8 | Rule 8 Defense Counsel
An attorney who perceives a conflict precluding continued representation must immediately notify the court and seek permission to withdraw.
Any attorney who perceives that a conflict of interest precludes continued representation of a defendant shall immediately notify the court and seek permission to withdraw.
Civil cases
Page 8 | Rule 8 Defense Counsel
Every felony defendant and defense attorney must keep the District Clerk informed of the defendant’s correct physical and mailing addresses throughout the criminal proceedings.
As a condition of pretrial release, Every felony defendant and defense attorney is responsible to keep the District Clerk apprised of the defendant’s correct physical and mailing address at all times during the pendency of criminal proceedings.
Civil cases
Page 9 | 10.1 Defendant’s address
During a hearing, counsel must ask court staff to prompt the document in Case Center using its Case Center document number or Bates-stamp number.
During the hearing, counsel shall request court staff to prompt a document on Case Center by referencing the document number assigned by Case Center or the "bates-stamp" number on Case Center:
Civil cases
Page 3 | Online Evidence Sharing
For the specified placement-based Zoom appearances, the request must be included in the 72-hour CPS email and address caregiver or staff presence, a quiet and private setting, the child being on camera, and the child’s ability to confer with counsel.
A child may appear by Zoom when: a) the child is placed in a medical-needs foster home and in-person attendance is not clinically appropriate; b) the child is placed in a therapeutic foster home located outside the Rio Grande Valley; or c) the child is placed in a Residential Treatment Center (RTC) located outside the Rio Grande Valley. In such instances, the Zoom request shall be included in the 72-hour CPS email, confirm that the caregiver/staff will be present with the child, and ensure a quiet/private setting with the child on camera and able to confer with counsel.
Civil cases
Page 12 | VIII. CHILD ATTENDANCE AT HEARINGS (AMENDED)