Local Court Rules
 
Purpose of Rules Flow of Cases
Family Law Cases Flow of Felony Cases
Court Room Decorum Court Administration
Trial Setting Conflicts Attorney Vacations
Children's Interest Seminar Procedure Pertaining to Orders
Amendment to Rule 4.6/Child Custody Procedure for Contested Matters/
Submission of Orders
Filing and Assignment of Family Law Cases

Order for Exchange of Benches for the 159th & the 217th Judicial District Courts
 
 

Rules of the 159th Judicial and the 217th Judicial District Courts of
 Angelina County, Texas
 
Rule 1. Purpose.  
The objective of the rules of the District Courts of Angelina County is to obtain a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law and established rues of procedural law, to the end that this objective may be attained with as great expedition and dispatch and at the least expense both to the litigants and to the state as may be practicable, the rules shall be applied to ensure that, so far as reasonably possible, all matters are brought to trial or final disposition at the earliest, reasonable date
Rule 2. No Rule  
 
 
Rule 3. Flow of Cases  
3.1 By Administrative Order signed and entered March 1, 1990, all cases filed in any District Court in this county may be heard by either Judge without the necessities of transfer orders.
3.2 Motions.  
3.2.1 Hearings on Motions not requiring testimony or documentary evidence may be conducted by telephone conference call by agreement of counsel. Any request for a court reporter must be made in advance. All arrangements and expenses for the telephone conference call must be made by the attorney requesting the telephone conference. Voice-activated speaker phones may be used only with prior approval of the court.
3.2.2 Form. Pre-trial & Post-trial Motions and Responses shall be in writing and shall be accompanied by a proposed Order granting the relief sought. The proposed Order shall be a separate instrument, unless the entire motion, order, signature lines and certificate of service are all on one (1) page.
3.2.3 Certificate of Conference. A request for hearing shall be accompanied by a Certificate of Conference, which shall:
  • a. be in writing;
    b. include authority relied upon by movant or respondent;
    c. contain a certificate that:
             1. The movant  and respondant have conferred with each other
                 and in good faith have attempted to resolve the matter; but
                 have failed, and
             2. identifies the matters in dispute.
  • d. be filed prior to hearing
    e. Section 3.2.3 (c) does not apply to Motions for Summary Judgment or Motions to Transfer Venue.

 
3.3 Trials.
3.3.1 Manner of Setting (non-jury). Cases shall be set for trial by order of the court.
3.3.2 Manner of Setting (jury). Cases shall be set for trial upon the party requesting the setting certifying in his written request:

a. that all pleadings are in order;
b. a copy of the request for setting has been mailed to all counsel involved and give the address of such counsel;
c. that a jury fee has been paid;
d. that all discovery has been or will be accomplished by the requested setting date;
e. that the case is ready or will be ready for trial;
f. that counsel have in good faith negotiated to settle the case or upon completion of discovery will in good faith negotiate to settle the case.

 
3.3.3 Assignment to Trial. Selection of multiple juries from petit jury is essential for the orderly administration of justice. Jury cases will normally be set during a two-week period. The judge will decide the number of juries to be selected to best utilize the number of days available for trial. Attorneys are expected to limit there voir dire to thirty (30) minutes per side. The Court may, however, in its discretion expand that time upon request. Challenges for cause may be presented at the conclusion of voir dire. Peremptory challenges will be submitted to the clerk or coordinator at the direction of the court, however, no other attorneys conducting subsequent voir dire will have the benefit of knowing the peremptory challenges exercised in prior cases. At the conclusion of jury selection in all cases to be tried, the juries will be seated, administered the proper oath and directed to return on the appropriate beginning date of their respective trials.
3.3.4 Jury Charges. Each plaintiff’s counsel announcing ready for trial shall, in good faith, submit to the court and opposing counsel at docket call the plaintiff’s proposed instructions, definitions and questions raised by the plaintiff’s pleadings.

a. Each defense counsel announcing ready for trial shall, in good faith, submit to the court and opposing counsel at docket call the plaintiff’s proposed instructions, definitions and questions raised by the plaintiff’s pleadings.
b. Any additional questions, definitions and explanatory instructions raised as a result of either of the plaintiff’s or defendant’s submission shall be furnished to the court and to opposing counsel prior to jury selection.. The Court will provide both the instructions including the signature page.
3.3.5 Unless good cause be shown, the only motions that will be heard at docket call will be Motions for Continuance and Motions in Limine unless good cause be shown. All undisposed motions in cases proceeding to trial shall be considered waived for the purposes of that trial setting only.
 
 
Rule 4. Family Law Cases.
4.1 Family and Juvenile cases are to be filed, docketed and processed by the office of the District Clerk of this county pursuant to Rule 10b of the Rules of Judicial Administration of the Supreme Court of Texas.
4.2 Juvenile cases are to be filed separately as "Juvenile Court" cases. County Court-at-Law and County Court-at-Law No. 2 will be the designated juvenile courts; however, the District courts may hear juvenile cases in the absence of the designated juvenile court judges upon his (her) recusal or otherwise when requested by the local administrative judge.
4.3 All family law cases will be randomly assigned by the clerk with two going to the District Courts and one going to County Court-at-Law Number Two, or in a manner prescribed by the local administrative judge, and shall be assigned, insofar as practicable in a fair and equitable manner among the courts.
4.4 After assignment to the District Courts or County Court-at-Law, every family law case, both jury and non-jury shall remain pending in such court until final disposition, or transfer.
4.5 Any case may be transferred to another court by Order of the Judge of the Court in which the case is pending with the consent of the Judge of the Court to which it is transferred, or by the Order of the local administrative judge of this county.
4.6 Miscellaneous:

Before any custody case (both original and modification) may be heard, the litigants shall be required to view the video tape "Don’t Forget The Children". Counsel for each litigant will be responsible for the viewing of this video tape by his client. A written certification of compliance with this rule shall be filed with the Court.

 

Amendment to Rule 4.6 of the Local Rules of the 159th and 217th
Judicial District Courts of Angelina County, Texas
 
4.6 Miscellaneous:This rule applies to all parties in all suits affecting the parent-child relationship filed in the office of the District Clerk on or after the 45th day after this rule is approved by the Supreme Court of Texas.

4.6.1 District Courts and/or County Court at Law #2 may require such parties to successfully complete a seminar that addresses the issues confronting children that are the subject of divorce, custody, and child support litigation. Exhibit "A" attached hereto and incorporated herein for all purposes describes the seminar. Each party is responsible for payment of the appropriate fee.
4.6.2 The seminar shall be successfully completed within 60 days of the service of the original petition upon the respondent, or if service is waived, then within 60 days of the waiver of citation.
4.6.3 Upon a party’s failure to successfully complete the seminar pursuant to this rule, the Court may take appropriate action, including striking of any pleading, or any of the sanctions listed in Rule 215 of the Texas Rules of Civil Procedure.
4.6.4 For good cause shown, the Court may waive the requirement of completion of the seminar.

ENTERED this 1st. Day of February, 1996.
Judge Gerald A. Goodwin, 159th. District Court
Judge David V. Wilson, 217th. District Court

 
 
Rule 5. NO RULE
 
 
 
Rule 6. Flow of Felony Cases.
6.1 The 217th Judicial District Court will be primarily responsible for all criminal cases beginning January through June of each year. The 159th Judicial District Court will be primarily responsible for all criminal cases from July through December each year.
6.2 All criminal cases will be given an arraignment date upon the return of an indictment. All indictees and sureties on bonds will be notified of arraignment date. The purpose of arraignment is to assure that each defendant has access to counsel, to arraign and to set a trial date. Unless a properly executed waiver of arraignment has been filed with the clerk prior to the arraignment date, attendance by indictees is mandatory.
6.3 A docket call will be held prior to the trial week. All announcements at docket call shall be in person with defendants present. Only one of the following announcements will be considered: (a) ready, (b) not ready, (c) passed by agreement, (d) plea to be entered or (e) non-jury setting. If the latter is announced, a Waiver of Jury Trial shall be signed and filed before the defendant is released from docket call.
6.4 All hearings for pretrial motions should be requested prior to docket call. All pretrial motions not heard prior to docket call will be heard at the convenience of the Court.
6.5 Settings.

6.5.1 Manner of Setting (Non-jury). Cases shall be set for trial by the Court Coordinator with notice to counsel and to bondsman.
6.5.2 Manner of Setting (Jury). Cases shall be set for trial by the Court Coordinator with notice to counsel and to bondsman.
6.5.3 Assignment to Trial. (See Rule 3.4.2).
Rule 7. NO RULE
Rule 8. NO RULE
Rule 9. NO RULE
 

 
Rule 10. Court Room Decorum.
The following rules of conduct shall govern both laymen and attorneys in the District Courts of Angelina County, Texas while the Court is in session:

a. No tobacco in any form shall be used, except as permitted by the Court;
b. No person interrogating or being interrogated shall chew gum;
c. No reading of newspapers or magazines, except as part of the evidence in a case;
d. No noise or talking which interferes with court proceedings;
e. No bottles, paper cups, beverage containers or edibles shall be brought into the court room except for use as demonstrative evidence, as allowed by the Court.
f. All lay persons (litigants, witnesses, and spectators) shall wear proper attire as follows: Men – full-length trousers and shirts with sleeves; Women – skirts, dresses or full-length trousers and appropriate blouses or shirts.
Rule 11. NO RULE
 
 
Rule 12. Local Courts Administration.
12.1 Election of the Administrative Judge. The election of the Administrative Judge shall be held on the first Friday of January.
12.2 Term. The term of the local Administrative Judge shall be one year.
12.3 Voters. All District Judges and all Statutory County Court-at-Law Judges are eligible voters.
12.4 Manner of Election. The nominee who receives a simple majority of the votes will be elected. In the event of a tie vote, the presiding Judge of the Region would be asked to break the tie.
12.5 Powers and Duties of Local Administrative Judge. The local administrative judge shall have all the necessary powers, both express and implied, to execute, implement and perform the duties set forth in the Government Code chapter 74, the Supreme Court Rules of Judicial Administration and the rules promulgated by the Regional Presiding Judge.
12.6 There will be a meeting of all the District and Statutory County Court at Law Judges of the County at least once per year, and as deemed necessary by the local administrative judge
 
 
Rule 13. Conflict in Trial Settings.

(See rules of Procedure of the Second Administrative Judicial Region)
 
 
Rule 14. Lawyers’ Vacations.
14.1 Each attorney who desires to assure himself a vacation for a period not to exceed four weeks, may do so automatically by designating the four weeks in writing, addressed and mailed or delivered to the district court coordinator before the 15th day of May of each year. The vacation period so designated shall be honored by all of the judges.
14.2 This provision shall not apply to vacations for attorneys engaged in a criminal case.
14.3 Nothing herein provided shall prevent the various judges from recognizing vacations of attorneys in a discretionary manner.
 
 
Exhibit "A"
Children’s Interest Seminar
The seminar shall focus fostering emotional health for children during periods of stress brought about by divorce and conflict between divorced parents.
The seminar administrator shall be designated by the Court. The Court has currently designated Texas Agricultural Extension Service of Angelina County to be the seminar administrators.
The course content shall generally consist of the following:
        1. the development stages of childhood,
        2. the needs of children at different ages,
        3. stress indicators in children,
        4. age appropriate expectations of children,
        5. divorce as a growth stage,
        6. the grief process,
        7. reducing stress for children going through a divorce,
        8. the changing parental and marital roles,
        9. visitation recommendations to enhance the child’s relationship with both parents,
        10. financial obligations of child rearing,
        11. conflict management and dispute resolution.

 
Each seminar shall be a minimum of two hours and a maximum of four hours. The seminar may include the showing of videos such as "Don’t Forget the Children" and "Children in the Middle".
The seminar shall be presented at such times and places as scheduled and announced by the seminar administrator.
A fee of not more than $30.00, unless waived by the Court, may be charged by the seminar administrator to be used to cover costs.
Each person completing the seminar and paying the appropriate fee shall receive a certificate to file with the Court.
The Court may require a certified peace officer to be in attendance at each seminar to provide security.
APPROVED by the Presiding Judge of the Second Administrative Region on the _______ day of ______________, 1996.
Hon. Thomas J. Stovall, Presiding Judge, Second Administrative Judicial Region
 
 
June 30, 2000
TO ALL ATTORNEYS:

Re: Changes in Scheduling Contested Matters
Changes in the Submission of Orders to be signed by the Judges

 

To better utilize our court time, it has become necessary to make some changes in the procedure we use to schedule contested matters and the submission of orders to be signed by the judges.

Beginning immediately mediation will be required before a contested divorce is placed on the docket. The requesting attorney may submit an order for mediation to the judge for his signature if necessary. This will alleviate the court setting aside valuable court time and counsel appearing on the scheduled court date with agreed orders.

Another procedure change that has become necessary is the submission of orders to the judges for signature. When submitting an order, please submit the original and one copy of the order with a self-addressed, stamped envelope. The original and copy will be signed and file-stamped. The original will be placed in the District Clerk’s file, and the copy will be returned to the requesting attorney in the return envelope provided. The requesting attorney will then be responsible for sending a copy of the signed order to all known counsel of record.

We feel these changes in procedure will facilitate a more organized daily docket and better utilize the use of the court and appearing counsels’ valuable time.

Lesa Bresie

Court Coordinator

 
   
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