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Policies and Procedures
 
 
 
On Family Law Cases
 
 
UNCONTESTED CASES
 
All uncontested cases such as divorces, modifications, suit affecting parent-child relationship, adoptions and name changes will be heard Monday through Friday at 9:00 am – 9:30 am.
 
Self Represented Parties must have a signed approval form from the Friend of the Court before they will be allowed to proceed on the uncontested docket.
 
 
Documents Required at Prove Up 
 
1.       Final Orders.
 
2.       BVS Family Information Form.
 
3.       Wage Order (If there is children and support is ordered 3-6 are required).
 
4.       Request for Issuance of Wage Order.
 
5.       Medical Support Order (If agreed or referenced in decree).
 
6.       Child Support Account Set Up Form.
 
 
 
 
STATUS CONFERENCE
 
All cases filed in County Court at Law Number 3 are given a Status Conference date. That date will be approximately 120 days from the date of filing. The Attorney or Self Represented Party shall appear at such Status Conference or the case will be placed on the Dismissal Docket.
 
If the parties have agreed to a Docket Control Order and if signed Docket Control Order is filed then no appearance is required. Note: The Trial dates and Pre-Trial dates must be provided by the Court Coordinator.
 
If the parties are close to an agreement or working on a reconciliation, the Status Conference may be reset for up to 30 days.
 
 
MEDIATION
 
Mediation is mandatory before any final trial on the merits. Any party who does NOT cooperate with the scheduling and/or attending mediation will be sanctioned and/or ordered to pay attorney’s fees.
 
If the Parties appear at Trial without proof of mediation or with proof that mediation is scheduled, mediation will be ORDERED immediately with an on-site mediator from the court’s mediator list unless mediation has been waived by the Court.
 
 
SUBSIDIZED MEDIATION
 
Motions for Subsidized Mediation must have requisite financial information attached before such motion will be considered by the Court. The form Motion for Subsidized  Mediation and Proposed Order are available on the Court’s website.
 
 
TEMPORARY HEARINGS
 
Temporary Hearings shall be held in the Associate Judge’s Court on the third floor of the courthouse unless such hearing is specifically set before the presiding Judge.
 
 
DE NOVO HEARINGS
 
Mediation is mandatory before any De Novo hearing will be held based upon an appeal of the Associate Judge’s ruling.
 
Any Party who does not cooperate in scheduling and attending a mediation may be sanctioned by the Court.
 
 
 
PARENTING CLASSES
 
All PARENTS must attend a Parenting class prior to any contested final hearing regarding custody, possession, access, geographic restriction or permanent injunction. Parenting class is not required in child support disputes. If Parent has attended a parenting class within the last five years, attendance is waived.
 
 
WITHDRAWALS
 
If a Motion for Withdrawal is filed by an attorney and it is agreed by all parties and the client and all have signed approving such motion then no hearing is necessary.
 
If the Motion for Withdrawal is not signed by all counsel and the client, a hearing will be scheduled and all parties and client must be given notice.
 
 
 
DEFAULT HEARINGS
 
All opposing parties must be notified by certified mail, return receipt requested of any default hearing is required unless such required notice is waived by the Court.
 
E-Mail notifications are not sufficient notice for a default. The notice must be by U.S. Postal Service to the last known address of such party.
 
 
PRE-TRIALS
 
Pre-Trials shall be held two Fridays before the week of the Trial at 10:00 am for Bench Trials and 9:30 am for Jury Trials.
 
The parties are to exchange Exhibit Lists and Witness Lists prior to such Pre-Trial Conference. Any exhibits or witnesses NOT provided to opposing party at the Pre-Trial Conference will not be admitted except by agreement of parties. All witness and exhibit issues will be heard immediately prior to commencement of trial.  
 
 
CONTINUANCES
 
Motions for Continuance must be filed prior to Pre-Trial Conference and in accordance with Local Rules.
 
 
 
On Civil Cases
 
 
STATUS CONFERENCE
 
All cases filed in County Court at Law Number 3 are given a Status Conference date. That date will be approximately 120 days from the date of filing. The Attorney or Self Represented Party shall appear at such Status Conference or the case will be placed on the Dismissal Docket.
 
If the parties have agreed to a Docket Control Order and if signed Docket Control Order is filed then no appearance is required. Note: The Trial dates and Pre-Trial dates must be provided by the Court Coordinator.
 
If the parties are close to an agreement, the Status Conference may be reset for up to 60 days.
 
If service is not completed by the Status Conference, the Status Conference may be reset one time for up to 30 days.
 
 
MEDIATION
 
Mediation is mandatory before any final trial on the merits. Any party who does NOT cooperate with the scheduling and/or attending mediation will be sanctioned and/or ordered to pay attorney’s fees.
 
If the Parties appear at Trial without proof of mediation, mediation will be ORDERED immediately with an on-site mediator from the court’s mediator list.
 
 
WITHDRAWALS
If a Motion for Withdrawal is filed by an attorney and it is agreed by all parties and the client with signatures on the motion or order, no hearing is necessary.
 
 
If the Motion for Withdrawal is not signed by all counsel and the client, a hearing will be scheduled and all parties and client must be given notice.
 
 
DEFAULT HEARINGS
 
All opposing parties must be notified by certified mail, return receipt requested of any default hearing is required unless such required notice is waived by the Court.
 
E-Mail notifications are not sufficient notice for a default. The notice must be by U.S. Postal Service to the last known address of such party.
 
 
PRE-TRIALS
 
Pre-Trials shall be held two Fridays before the week of the Trial at 10:00 am for Bench Trials and 9:30 am for Jury Trials.
 
The parties are to exchange Exhibit Lists and Witness Lists prior to such Pre-Trial Conference. Any exhibits or witnesses NOT provided to opposing party at the Pre-Trial Conference will not be admitted except by agreement of parties. All witness and exhibit issues will be heard immediately prior to commencement of trial.  
 
 
CONTINUANCES
 
Motions for Continuance must be filed prior to Pre-Trial Conference and in accordance with Local Rules.
 
 
 
On Criminal Cases
 
 
AWAITING FELONY DISPOSITION
 
If a Defendant has a pending felony case from the same incident as the misdemeanor case, it can be placed on an Awaiting Felony Disposition Docket. These cases must be requested to be on the Awaiting Felony Disposition Docket and must have an attorney either retained or appointed.
 
 
If the misdemeanor case is not resolved at the time of the felony disposition. It will be placed back on the regular Daily Docket.
 
 
DAILY DOCKET SETTINGS
 
Defendants and their Counsel are required to appear at all settings unless such appearance is waived by the Court.
 
Misdemeanor cases are allowed up to 2 resets before being subject to placement on the Trial Docket. Any resets after that will be at the discretion of the Judge.
 
 
MOTION HEARINGS
 
Any Motions that require a hearing separate from the Daily Criminal Docket will need to receive a setting from the Court Coordinator. All Motions must be filed prior to receiving a hearing date.
 
 
WITHDRAWALS
If a Motion for Withdrawal is filed by an attorney and it is agreed by all parties and the client with signatures on the motion or order, no hearing is necessary.
 
If the Motion for Withdrawal is not signed by all counsel and the client, a hearing will be scheduled and all parties and client must be given notice.
 
 
PRE-TRIALS
 
Pre-Trials shall be held two Fridays before the week of the Trial at 10:00 am for Bench Trials and 9:30 am for Jury Trials.
 
The parties are to exchange Exhibit Lists and Witness Lists prior to such Pre-Trial Conference. Any exhibits or witnesses NOT provided to opposing party at the Pre-Trial Conference will not be admitted except by agreement of parties. All witness and exhibit issues will be heard immediately prior to commencement of trial.  
 
 
CONTINUANCES
 
Motions for Continuance must be filed prior to Pre-Trial Conference and in accordance with Local Rules.