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Court Rules
Judge

Judge John C. Maher

Individual Rules, Standing Orders & Policies

Rules last changed:
Wharton County District Court, Texas

Communication

Email
Court-wide
cassie@329th.com
Scheduling
Email
Court-wide
dc.23d@outlook.com
Scheduling
Phone
Court-wide

Clerk

(979) 532-1514
Scheduling
Phone
Court-wide

Clerk

(979) 864-1205
Scheduling
Phone
Court-wide

Clerk

(979) 532-5542
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Document Filing Requirements1 rule

Filing RequirementsCivil cases

Drug test filings must have a notice of confidentiality affixed.

Court's wording

1.3 IT IS ORDERED that DFPS shall file all drug tests, including, but not limited to, urinalysis, hair follicle and fingernail with the Court, within five (5) business days of receipt, with a notice of confidentiality affixed.

Tx Wharton District:9b958676c74468df66c78eaf · May 2025 · p. 1|Section1. Lab Test Results

Filing & Service rules

Filing Timing and Cure Windows

A party must file a written objection within seven business days to avoid waiving an objection to hearsay or authenticity.

Unless a party files an objection in writing within seven (7) business days, any objection to hearsay or authenticity will be waived.

Civil cases

Page 1 | 1. Lab Test Results

DFPS must file all drug tests with the Court within five business days after receipt and affix a notice of confidentiality.

1.3 IT IS ORDERED that DFPS shall file all drug tests, including, but not limited to, urinalysis, hair follicle and fingernail with the Court, within five (5) business days of receipt, with a notice of confidentiality affixed.

Civil cases

Page 1 | 1. Lab Test Results

DFPS must request file supplements every two months while the case is pending.

2.2 Further, DFPS is ORDERED to request file supplements every two (2) months during the pendency of the case.

Civil cases

Page 2 | 2. Redacted CPS File

DFPS must request a redacted copy of its file within five business days after obtaining Temporary Managing Conservatorship.

2.1 DFPS is ORDERED to request a redacted copy of DFPS's file within five (5) business days of DFPS obtaining Temporary Managing Conservatorship.

Civil cases

Page 2 | 2. Redacted CPS File

Service and Proof of Service Rules

1.1 IT IS ORDERED that the Department of Family and Protective Services (DFPS) attorney of record shall be added as a recipient of all lab test results. DFPS shall add attorney@co.wharton.tx.us to all lab test paperwork to identify the County Attorney's office of all results.

1.1 IT IS ORDERED that the Department of Family and Protective Services (DFPS) attorney of record shall be added as a recipient of all lab test results. DFPS shall add attorney@co.wharton.tx.us to all lab test paperwork to identify the County Attorney's office of all results.

Civil cases

Page 1 | 1. Lab Test Results

DFPS must provide the listed records to the specified attorneys and representatives within five business days after receiving them from the provider, with parent therapist notes going to opposing counsel only upon court order.

1.2 Additionally, DFPS is ORDERED to provide the following documentation to all attorneys involved in this CPS case within five (5) business days of the receipt of the documentation from the provider. A. Urinalysis test results; B. Hair Follicle test results; C. Fingernail test results; D. Psychological reports; E. Home Studies; F. Provider Recommendations; G. Therapist's notes for each parent to the appropriate counsel of record for that parent, as well as, the children's ad litem and guardian ad litem. Upon order of the Court, DFPS shall provide the therapist notes to the opposing parent's counsel; H. Therapist's notes for children to all counsel of record.

Civil cases

Page 1 | 1. Lab Test Results

DFPS must notify all attorneys at least seven days before moving the child from the current placement, unless the child is in danger.

3.1 DFPS is ORDERED to notify all attorneys a minimum of seven (7) days prior to DFPS moving the child from the current placement, unless the child is in danger.

Civil cases

Page 2 | 3. Change of Placement

If DFPS removes a child without advance notice because it believes the child is in danger, it must notify the attorneys within three hours of removal.

3.2 If DFPS feels the child is in danger and removes a child without the above notice, DFPS is ORDERED to notify the attorneys within three (3) hours of the removal from placement;

Civil cases

Page 2 | 3. Change of Placement

DFPS must provide the records to attorneys within five business days after receipt.

2.3 Additionally, DFPS is ORDERED to provide these records to attorneys within five (5) business days of receipt.

Civil cases

Page 2 | 2. Redacted CPS File

Court-wide rules

Applies court-wide

These 36 rules apply across Wharton County District Court, Texas. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 16
  • Applies to
    Trial setting request

    A case may be placed on the Active Trial Docket only after a party or attorney submits a written trial-setting request certifying the listed information and case-readiness matters.

  • Applies to
    Trial setting request

    Requests for jury and non-jury trial settings must be written and use the Court-prescribed form, available from the Court Coordinator.

  • Applies to
    Final decree request

    When requesting signature of a final decree in a divorce or SAPCR case, applicable specified forms must be completed and presented to the Clerk.

Communication

All 9
  • Contact
    Phone

    A party seeking to schedule a motion or short hearing should preview the Court’s calendar and contact the Court Coordinator by telephone or email to determine an acceptable hearing date and time.

  • The Court should be informed as to whether the matter is contested and the estimated amount of time required for the hearing.

  • An informal confirmation by the Court or its Coordinator is sufficient to reserve a hearing time, although written confirmation is preferred.

Service

All 6
  • Applies to
    Trial setting request

    A party is entitled to 45 days’ notice after service of a setting request and before jury docket call.

  • Applies to
    Trial setting notice

    The party obtaining a trial setting must notify all parties or their attorneys in writing of the setting’s date and time.

  • Applies to
    Hearing notice

    The party scheduling a hearing must serve proper hearing notice within the time and manner prescribed by the applicable procedural rule.

Pre-Motion Conferences

All 2

  • Before jury docket call, the Court must hear unresolved pretrial motions, conduct a Rule 166 pretrial conference, and assign a trial date unless it grants a continuance.

  • Matters requiring an evidentiary hearing lasting more than half a day must be referred to mediation before a hearing setting may be obtained.

More categories

View all Wharton County District Court, Texas rules
Common questions about Judge John C. Maher's rules

What must be included with drug test filing filings before Judge John C. Maher?

Drug test filings must have a notice of confidentiality affixed.

View ruleSource: page 1, section 1. Lab Test Results

What filing deadlines does Judge John C. Maher set?

DFPS must file all drug tests with the Court within five business days after receipt and affix a notice of confidentiality.

View ruleSource: page 1, section 1. Lab Test Results

What service or proof of service rules apply before Judge John C. Maher?

1.1 IT IS ORDERED that the Department of Family and Protective Services (DFPS) attorney of record shall be added as a recipient of all lab test results. DFPS shall add attorney@co.wharton.tx.us to all lab test paperwork to identify the County Attorney's office of all results.

View ruleSource: page 1, section 1. Lab Test Results
Complete rules summary for Judge John C. Maher

1.1 IT IS ORDERED that the Department of Family and Protective Services (DFPS) attorney of record shall be added as a recipient of all lab test results. DFPS shall add attorney@co.wharton.tx.us to all lab test paperwork to identify the County Attorney's office of all results.

DFPS must provide the listed records to the specified attorneys and representatives within five business days after receiving them from the provider, with parent therapist notes going to opposing counsel only upon court order.

DFPS must file all drug tests with the Court within five business days after receipt and affix a notice of confidentiality.

Drug test filings must have a notice of confidentiality affixed.

A party must file a written objection within seven business days to avoid waiving an objection to hearsay or authenticity.

DFPS must request a redacted copy of its file within five business days after obtaining Temporary Managing Conservatorship.

DFPS must request file supplements every two months while the case is pending.

DFPS must provide the records to attorneys within five business days after receipt.

DFPS must notify all attorneys at least seven days before moving the child from the current placement, unless the child is in danger.

If DFPS removes a child without advance notice because it believes the child is in danger, it must notify the attorneys within three hours of removal.

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