Update (5/15/20): Please see revised orders concerning zoom hearings for local courts at justex.net. A collection of relevant links is conveniently available on the 310th District Court’s webpage.
With all of the shelter in place orders, including the Stay Home, Work Safe order here in Harris County that has been extended through April 30, many public spaces are closed to the public. Only businesses that provide essential services to the public are exempt from these orders and can remain open. What about court proceedings, such as trials and hearings, that might resolve disputes involving child custody, child support, or domestic violence cases? Wouldn’t these cases be considered “essential?” Yes, they would. In fact, the operation of courts and the functions of court clerks are deemed to be essential governmental functions. However, there are some limitations placed upon the courts with respect to in-person court proceedings. The Third Emergency Order Regarding the COVID-19 State of Disaster issued on March 19, 2020 by the Supreme Court of Texas and the Court of Criminal Appeals of Texas prohibits courts from conducting non-essential proceedings in person contrary to any local, state, or national directive, regarding group size until at least May 8, 2020. However, proceedings deemed essential may be held in person so long as holding it remotely is not feasible or possible, with some exceptions, no more than 10 persons are gathered, and those present follow social distancing guidelines. Here, in Harris County, the Family District Courts have stated that essential matters include: protective order and family violence cases; habeas corpus and writs of attachment for children; CPS cases; judicial bypass cases; enforcement cases brought under Tex. Fam. Code ch. 157, if the respondent is in custody; suits and hearings with jurisdictional deadlines; and, other matters designated as essential in the court’s discretion. See the Harris County Family District Courts’ Policies and Procedures during COVID-19 for additional guidance.
Update (5/15/20): Please see revised orders concerning zoom hearings for local courts at justex.net. A collection of relevant links is conveniently available on the 310th District Court’s webpage.
What happens if your case falls under the category of non-essential? The Office of Court Administration, a state agency that acts under the direction and supervision of the Supreme Court of Texas, is giving judges the ability to stream and hold court proceedings via Zoom and YouTube. So what does that mean, especially for the self-represented litigant? To offer some guidance, TexasLawHelp.org has created a webpage that answers several questions the public might have about this relatively new concept of the virtual courtroom. There are discussions about rescheduling hearings, knowing if you have a court date through zoom, and presenting evidence to the judge. It is also important to read the tips for conducting yourself in the virtual courtroom and for practicing with Zoom prior to your scheduled hearing. If you are having difficulty with an internet connection, please read the article on TexasLawHelp.org about internet access.
Remember: the key thing is to be prepared just as you would if you were appearing in person before the judge. She may be in your living room, but you are still in her court.