Court Coronavirus Information

COVID-19 Emergency Orders

In response to COVID-19, the Supreme Court has issued the following Emergency Orders that are still in effect.

Final General Emergency Order (Expires on 3/1/2023)

SUPREME COURT ISSUES FINAL GENERAL EMERGENCY ORDER REGARDING THE COVID-19 STATE OF DISASTER FOR COURT PROCEEDINGS AND APPROVES AMENDMENTS TO THE RULES OF CIVIL PROCEDURE REGARDING REMOTE PROCEEDINGS

The Supreme Court issued a Final General Emergency Order that replaces the previous general emergency order (Fifty-Ninth.) The Final Emergency Order expires on March 1, 2023.

Emergency Order Authority Regarding Remote Proceedings Limited to Criminal Cases

Under the final emergency order, a court may require or allow anyone, in a criminal case, 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, in a criminal case, sworn statements made out of court or sworn testimony given remotely.

The following limitations regarding remote jury proceedings in criminal cases are continued in the final 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 Final Emergency Order allows a judge to conduct case proceedings away from the court 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.

New and Amended Rules to the Texas Rules of Civil Procedure Regarding Remote Proceedings in Civil Cases

The Supreme Court has also approved new rules and amended others to clarify and provide procedures for electronic appearances in civil court proceedings (Misc. Docket No. 23-9004). The changes empower courts to allow or require a participant, upon appropriate notice, to appear at certain court proceedings by videoconference, teleconference, or other available electronic means. The changes apply to practice in district and county courts as well as practice in justice courts.

The following is a summary of the key provisions of the new and amended rules:

Rule 21:

Rule 21 is amended to clarify requirements for notices of court proceedings including electronic proceedings.

Rule 21d:

Authorizes a court to allow or require a court participant to appear at a court proceeding electronically.
A court may not: 1) require a party or lawyer to appear electronically for a proceeding in which oral testimony is heard, absent good cause or agreement of the parties, or 2) require a lawyer, party, or juror to appear electronically for a jury trial absent agreement of the parties.
A party may object to any method of appearance stating good cause for the objection. The court must rule on the objection but is not required to conduct a hearing on the objection.
A judge may appear electronically at a court proceeding but must conduct the proceeding from a location required by law. [During the month of February, the Final Emergency Order authorizes judges in both civil and criminal cases to conduct case proceedings away from the court’s usual location if doing so will assist in managing court backlog and: (a) the court serves multiple counties, or (b) a visiting judge is assigned to the court.]
A court must provide reasonable notice to the public of how to observe a court’s electronic proceedings.

Practice in Justice Courts:

Rule 500.10:

Authorizes a court to allow or require a court participant to appear at a court proceeding electronically.
If the judge allows or requires remote participation, reasonable notice must be provided and the notice must be included in the papers of the case.
The judge must provide reasonable notice to the public of how to observe a court’s electronic proceedings.
A judge may appear electronically at a court proceeding but must conduct the proceeding from the judge’s office at times prescribed by commissioner’s court and statute. [During the month of February, the Final Emergency Order authorizes judges in both civil and criminal cases to conduct case proceedings away from the court’s usual location if doing so will assist in managing court backlog and: (a) the court serves multiple counties, or (b) a visiting judge is assigned to the court.]

Rule 505.1:

A justice court judgment must include the following:

(A) in an eviction case: “You may appeal this judgment by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs within 5 days after this judgment was signed. See Texas Rule of Civil Procedure 510.9(a).”; or

(B) in a case other than an eviction: “You may appeal this judgment by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs within 21 days after this judgment was signed. See Texas Rule of Civil Procedure 506.”

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, provide that local rules, forms, and standing orders must not conflict with other law or rules, and provide that 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 are viewable by the public on OCA’s TOPICs website.

Fifty-Eighty Emergency Order (Expires 3/1/2023)

The Supreme Court has issued the Fifty-Eighth Emergency Order extending the Fifty-Sixth Emergency Order that was set to expire on January 1, 2023. 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.