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 Requirements4 rules
All audio and video exhibits must be saved in a usable format and named accordingly.
- Audio exhibit
- Video exhibit
Formatting
- •Save the exhibit in a usable format
- •Name the exhibit accordingly
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.
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.
Document Filing Requirements18 rules
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 Court must hold a hearing to address legal matters requiring testimony or a prove-up.
Court's wording
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.
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.
The parties must still prove up any exhibits during the trial/court proceeding.
IT IS ORDERED that a standard pre-trial scheduling order shall be utilized.
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 the specified three-month period, the assigned placement worker must provide the Court a written report identifying contacted placements, 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 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 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. The DFPS/2Ingage primary caseworker shall request an exception whenever appropriate.
An advisement must be filed with the court immediately and include the specified information about the consent and treatment.
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
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.
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.
If there is an unknown parent, or an absentee parent, unfortunately, that cannot be an “agreed order.”
The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.
Failure to follow these court procedures may result in a limitation of the presentation of evidence or witnesses.
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.
The parties are encouraged to discuss any agreed exhibits or stipulations in advance of the Court proceeding.
Filing & Service rules
Filing Timing and Cure Windows
A party who knows a witness is requested to appear virtually must file a motion and order at least 3 days before the setting; accommodation is discretionary, and the witness should be expected to appear in person unless the court signs an order allowing virtual appearance.
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.
Civil cases
Page 2 | Request for Virtual Appearance by a Party or a Witness
When exigent circumstances prompt a request for a party to appear virtually, an attorney must file a motion and order at least 3 days before the hearing or as soon as the emergency need becomes known.
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.
Civil cases
Page 2 | Request for Virtual Appearance by a Party or a Witness
DFPS/2Ingage must file an Advisement describing placement attempts within 24 hours of placement.
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.
Civil cases
Page 5 | Placement of Children in Care
An Advisement about an emergency placement, caregiver, or respite-status change must be filed within 24 hours and state the reason, when the responsible entities were notified, and whether and when the child will return to the prior 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.
Civil cases
Page 5 | Placement of Children in Care
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.
Civil cases
Page 3 | Submission of Witnesses/Evidence and Notice Thereof
DFPS/2Ingage must notify the parent and the parent’s attorney of significant events within 48 hours of learning of them.
DFPS/2Ingage must provide notice to the parent and parents attorney within 48 hours of knowledge of any significant events (TFC § 264.018(f) and (g)).
Civil cases
Page 5 | Placement of Children in Care
DFPS/2Ingage must notify the party’s or child’s attorney of the listed events, and give at least 48 hours’ advance notice of a residential treatment program change.
IT IS ORDERED that DFPS/2Ingage shall notify the attorney for the party or child of any placement change, significant change in medical condition, enrollment or participation in a drug trial program, the initial prescription of a psychotropic medication and at least 48 hours in advance of a change in residential treatment program (TFC § 264.018 (d) and (e)).
Civil cases
Page 5 | Placement of Children in Care
DFPS/2Ingage must notify the child’s attorney in writing, by email when possible, about the listed matters before a related best-interest decision or action, unless the matter is exigent.
IT IS ORDERED that DFPS/2Ingage shall notify the attorney for the child of any and all significant changes with the child, medical interventions, medications, placement issues, diagnostic testing and/or other issues which pertain to any decision made for the “best interest” of the child prior to the decision and/or action unless exigent. This notification must be provided in writing, via email when possible.
Civil cases
Page 6 | Placement of Children in Care
Parents, caregivers, and child placing agencies must notify DFPS/2Ingage and the Court within two business days after any medication is prescribed for a child.
**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.
Civil cases
Page 7
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.
Civil cases
Page 1 | Vacation letters
A continuance extending beyond the original deadline requires a hearing and extraordinary findings, and its request should be accompanied by a motion for extension.
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.
Civil cases
Page 3 | Agreed Orders
An extension beyond the allotted 12 months requires a 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.
Civil cases
Page 3 | Agreed Orders
A motion and/or order is required before the Court considers a request for continuance.
1. Requests for Continuance (TRCP 251) M/O;
Civil cases
Page 9 | Motions, Hearings and Advisements
A motion and/or order is required before the Court considers a request for extension.
2. Requests for Extensions (TFC§ 264.401(b-3)) M/O;
Civil cases
Page 9 | Motions, Hearings and Advisements
Continuances requested within the 12-month deadline may be agreed and are accommodated as the Court’s schedule allows.
Continuances requested inside the 12 month deadline can be agreed and will be accommodated as the court’s scheduling allows.
Civil cases
Page 3 | Agreed Orders