Cameron County Courts at Law

UPDATED – Guidance on Conducting Court Proceedings

SUPREME COURT ISSUES NEW GENERAL EMERGENCY ORDERS REGARDING THE COVID-19 STATE OF DISASTER

 Order Regarding Court Proceedings:

Today, the Supreme Court issued the Fifty-Ninth Emergency Order that replaces the previous general emergency order (Fifty-Seventh) that was set to expire on January 1, 2023. The following is a summary of the new order’s provisions.

The new emergency order removes the ability for judges to conduct remote proceedings away from the court’s usual location due to exigent circumstances.  Under the new order, a judge may conduct proceedings away from the court only if conducting proceedings away from the court’s usual location will assist in managing court backlog and: (a) the court serves multiple counties, or (b) a visiting judge is assigned to the court.

The emergency order continues the ability of courts to require or allow anyone involved in any hearing, deposition, or other proceeding of any kind to participate remotely, such as by teleconferencing, videoconferencing, or other means, and to consider sworn statements made out of court or sworn testimony given remotely.

The following limitations regarding remote jury proceedings found in the prior emergency order are continued in the new order:

• In district courts, statutory county courts and constitutional county courts, the court must not require lawyers, parties, or jurors to appear remotely for a jury trial, absent agreement of the parties.
• In justice and municipal courts, the court must not require lawyers, parties, or jurors to appear remotely for a jury trial unless the court has considered on the record or in a written order any objection or motion related to continuing with the jury proceeding at least seven days before the jury proceeding or as soon as practicable if the motion is made or filed within seven days of the jury proceeding.

The order continues the following provisions from the prior order:

• A timely objection to a remote jury proceeding may be granted for good cause.
• Except in non-binding jury proceedings, a court may not permit or require petit jurors to appear remotely unless the court ensures that all potential and selected petit jurors have access to technology to participate remotely.
• OCA must continue issuing and updating best practices and guidance on conducting in-person and remote court proceedings consistent with the order’s provisions.

The Fifty-Ninth Emergency Order expires on February 1, 2023, unless extended by the Chief Justice.

Order Regarding Eviction Diversion Program:

The Supreme Court also issued the Fifty-Eighth Emergency Order. It continues the processes related to actions in which the defendant may have a pending application under the Texas Eviction Diversion Program or may be able to access funds available through local rental assistance programs that were provided under the Fifty-Sixth Emergency Order. The prior order required certain language be included, in substantial or similar form, on all citations in eviction actions to recover possession of residential property. The new order requires that the citation language in the order be included in citations.  The following is a summary of the other key provisions in the order:

• continues the requirement that a judge confirm whether or not the plaintiff has any pending applications for rental assistance, including applications for rental assistance through the Texas Eviction Diversion Program, or has provided any information or documentation directly to a rental assistance provider for the purpose of receiving rental assistance;
• continues previous emergency order requirements in cases in which the plaintiff has a pending application for rental assistance (i.e., abate case for 60 days, make the case confidential, inform the parties how to reinstate the case, dismiss the case after the abatement period expires without the need for a party to file a motion or request the court to do so); and
• provides that if rental assistance is available, the judge should discuss available rental assistance programs and the procedures in the Fifty-Eighth Emergency Order with the parties.

The Fifty-Eighth Emergency Order expires on March 1, 2023, unless extended by the Chief Justice.

REMINDER: ORDER REGARDING LOCAL RULES, FORMS, AND STANDING ORDERS

This is a reminder that the Supreme Court and Court of Criminal Appeals approved amendments to Texas Rule of Civil Procedure 3a, Texas Rule of Appellate Procedure 1.2, and Texas Rule of Judicial Administration 10 effective January 1, 2023. (See Misc. Docket No. 22-9081 and No. 22-006.) The amendments remove the requirement that the Supreme Court approve local rules and provide that, beginning January 1, 2023, local rules, forms, and standing orders are not effective unless published on the OCA’s website. Judges should review the Notes and Comments included with the changes to ensure that local rules, forms, and standing orders comply with statutory and rule-based requirements.

Posted documents will be viewable by the public on OCA’s TOPICs website starting January 1, 2023. Additional information regarding the website and webinars is posted here: https://www.txcourts.gov/rules-forms/local-rules-forms-and-standing-orders/.