Many people who represent themselves in family law cases have questions about serving court papers on the other person. Fortunately, TexasLawHelp.org has helpful information and forms for various situations.
Read moreTexas Eviction Resources for an Uncertain Time
On March 28, 2021, the Centers for Disease Control and Prevention (CDC) extended the order halting certain residential evictions through June 30, 2021. However, an emergency order from the Texas Supreme Court “that instructed judges across Texas how to follow the federal mandate expired March 31.” This blog post features resources for residents of Texas who are facing eviction.
Read moreStarting This Month: Big Civ Pro Changes Impact Texas Litigants
Anyone dealing with Texas civil suits being filed in 2021 should familiarize themselves with some significant changes to the Texas Code of Civil Procedure that went into effect this week.
Read moreAmended Petitions
A common question that we at the Harris County Law Library would get at the reference desk involved amending an original petition. In most cases, the patron had to submit an amended petition because they failed to check a required box on the form or they needed to change a response given in the petition. Whatever the case may be, the patron is still coming to us and looking for answers.
In our experience, TexasLawHelp.org is the source for free and reliable legal information for our self-represented litigants. This time is no different. TexasLawHelp.org has a webpage devoted to Amended Petitions in Family Law Cases. There, users can find answers to some of their most pressing issues. Topics include:
reasons for filing an amended petition;
deadlines for filing an amended petition;
requirements of an amended petitions;
service of the amended petition; and,
the effect that the amended petition has on any waiting periods.
If you’ve been asked to submit an amended petition, don’t fret. Just visit TexasLawHelp.org for guidance. Of course, you’re always welcome to visit HCLL’s Virtual Reference Desk, too.
The Judge Is Zooming Into Your Living Room
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.