Lavaca County District Court, Texas Pre-Motion Conference Requirements

CRITICAL

In a family law case, a TRO request to be served with citation may be presented ex parte if supported by an affidavit and if it would not affect possession of or access to a child.

Notwithstanding Chapter 7, in a family law case, a request for a TRO to be served with citation may be presented ex parte if supported by an affidavit and if the relief would not affect the possession of or access to a child.

CRITICAL

Before presenting a TRO affecting possession of or access to a child when the opposing party is represented, the applicant or counsel must confer.

If a TRO affects the possession of or access to a child, and the opposing party is represented by counsel, the applicant or their counsel shall confer prior to presenting the TRO to the appropriate Court Administrator.

INFO

Parties are encouraged to confer about the form of a judgment or order, and a drafting party may set a motion to enter if no response is received within seven business days; sanctions, including attorney’s fees, may be considered if the motion is required.

All parties are encouraged to confer and attempt to resolve any disputes relating to the wording of judgments and orders. Parties responsible for drafting the judgment or order should make reasonable attempts to confer on the form of the order. Should the drafting party not receive a response within seven (7) business days, the drafting party can, at their discretion, set the case for a motion to enter. Counsel is encouraged to remember that the courts can and will consider all available sanctions including attorney's fees should a motion to enter be required.