Johnson County Courts at Law
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements2 rules
a. Any physical evidence offered at a remote proceeding detention hearing must be displayed so that the court, attorneys, parties, and witness can view it simultaneously.
A testifying party or witness must be clearly seen, identified, and heard on camera; the Court will not allow testimony to proceed without an unobstructed view unless the witness complies with that requirement.
Court's wording
C. The camera of any party or witness who provides testimony must provide an unobstructed view of the party or witness providing testimony. An unobstructed view, for the purposes of this plan, means that the individual can be clearly seen, identified, and heard without any barrier other than a clean camera lens. Consistent with constitutional confrontation requirements, if a party or witness is not on camera, or cannot be clearly seen, the Court will not allow the person to testify or continue to testify unless the witness complies with the requirement of an unobstructed view.
Document Filing Requirements3 rules
The appointed Attorney Ad Litem must file an application for payment with verification of fees incurred, and the Clerk pays the deposit after judicial review and approval.
Court's wording
The Attorney Ad Litem appointed in such cases shall file with the Clerk an application for payment of the fee deposit with supporting verification of fees incurred in the representation of the proposed Ward. After review and approval by the Judge of the applicable Court, the Clerk will pay the Attorney Ad Litem the deposit amount.
For applications filed after the order’s effective date, attach certified copies of all guardianship papers filed and recorded in the foreign court, including either a signed provisional transfer order or a signed transfer order.
Court's wording
For each Application for Receipt and Acceptance of Foreign Guardianship filed after the effective date ofthis order, the Application must have attached a certified copy of all papers of the guardianship filed and recorded in the foreign court, including: A provisional order transferring the case to Johnson County, Texas, signed by the Judge in the transferring state; or An order transferring the case to Johnson County, Texas, signed by the Judge in the transferring state.
Any physical evidence offered at a remote proceeding detention hearing must be displayed so that the court, attorneys, parties, and witness can view it simultaneously.
Filing & Service rules
Filing Timing and Cure Windows
If the offering party is not present in court when physical evidence that cannot be digitized is offered, the party must tender it to the court no later than the next working day after the remote proceeding.
c. Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than the next working day after the remote proceeding if the party offering the evidence is not present in the court when it is offered.
Page 2 | Procedures for Detention Hearings Conducted as a Remote Proceeding
If the offering party is not present when physical evidence that cannot be digitized is offered, the evidence must be tendered to the court by the next working day after the remote proceeding.
Physical evidence which cannot be rendered in digital form shall be tendered to the court no later than the next working day after the remote proceeding if the party offering the evidence is not present in the court when it is offered.
Criminal cases
Page 2 | Procedures for Detention Hearings Conducted as a Remote Proceeding
Filing Fees and Waivers
For each covered temporary guardianship application filed after the order's effective date, the filing attorney must pay a $750 deposit in addition to other filing fees.
For each Application for Temporary Guardianship case (TEC Chapter 1251) filed after the effective date of this order, the Clerk of Johnson County Courts at Law No. 1 and No. 2 is directed to collect a deposit from the filing attorney in the amount of $750.00. This deposit is in addition to all other fees required for the filing of such cases. This deposit shall be retained by the clerk for the payment of the statutorily required Attorney Ad Litem (Texas Estates Code Section 1251.004).
Civil cases
Page 1 | Deposit Requirement for Applications for Temporary Guardianship Applications
Sealing & Redaction Procedures
Criminal history record information is confidential and for the court’s exclusive use; the County Clerk may release it only under an order from the presiding judge.
In accordance with Government Code, Section 411.1386, the Criminal history record information obtained by or provided to a clerk under that section is for the exclusive use of the court and is privileged and confidential. The County Clerk may not release or disclose to any person the criminal history record information obtained from the Texas Dept. of Public Safety through the Judicial Branch Certification Commission except under a Court order issued by the judge presiding over the proceeding in accordance with Texas Government Code, Section 411.1386(c).
Civil cases
Page 1 | Standing Order to Release Criminal History Record Information in a Guardianship Proceeding
Everyone who receives the criminal history information must follow the Texas Department of Public Safety’s secure handling procedures.
All persons receiving the criminal history record information are subject to the secure handling procedures promulgated by the Texas Dept. of Public Safety.
Civil cases
Page 2 | Standing Order to Release Criminal History Record Information in a Guardianship Proceeding
The County Clerk must not deliver the criminal history records electronically.
The County Clerk may not electronically deliver the records to any person.
Civil cases
Page 2 | Standing Order to Release Criminal History Record Information in a Guardianship Proceeding
Only persons authorized by law or this Order may access the criminal history records.
Any person who is not authorized under this Order are PROHIBITED from accessing the records, which may only be accessed by the persons authorized under Government Code, Sec. 411.1386 and the persons specified above.
Civil cases
Page 2 | Standing Order to Release Criminal History Record Information in a Guardianship Proceeding
Once reviewed, the persons specified above who have received the information from the County Clerk shall return the information to the County Clerk in a sealed envelope, labeled "RESTRICTED RECORDS - DELIVER TO COUNTY CLERK," for destruction in accordance with Government Code, Section 411.1386(c-1).
Once reviewed, the persons specified above who have received the information from the County Clerk shall return the information to the County Clerk in a sealed envelope, labeled "RESTRICTED RECORDS - DELIVER TO COUNTY CLERK," for destruction in accordance with Government Code, Section 411.1386(c-1).
Civil cases
Page 2 | Standing Order to Release Criminal History Record Information in a Guardianship Proceeding
The County Clerk must deliver printed copies with a copy of the Order in a sealed, specifically labeled envelope to the authorized persons.
The County Clerk shall deliver printed copies of the criminal history record information with a copy of this Order to the persons specified above in a sealed envelope labeled to the specific attention of the authorized person and "RESTRICTED RECORDS - DELIVER TO ADDRESSEE ONLY", the cause number and style of the proceeding.
Civil cases
Page 2 | Standing Order to Release Criminal History Record Information in a Guardianship Proceeding
Chambers Communication Rules
When practicable, digital copies of physical evidence that can be prepared should be emailed to the court coordinator, court reporter, and counsel before the hearing.
b. When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the court coordinator at pcribbs@johnsoncountytx.org, the court reporter karenj@johnsoncountytx.org. and to counsel for the parties before the hearing if practicable.
Page 1 | Procedures for Detention Hearings Conducted as a Remote Proceeding
If practicable, digital copies of physical evidence should be emailed to the court coordinator, court reporter, and parties' counsel before the hearing.
When digital copies of physical evidence can be prepared, such as audio / video recordings, documents, or images, the digital copies should be emailed to the court coordinator at amorris@johnsoncountytx.org, the court reporter at jmcconathy@johnsoncountytx.org, and to counsel for the parties before the hearing if practicable.
Criminal cases
Page 1 | Procedures for Detention Hearings Conducted as a Remote Proceeding