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THE INITIAL CLIENT CONSULTATION

KATHLEEN A. GASNER3816 West Alabama, Suite 105

Houston, Texas 77027

State Bar of TexasADVANCED FAMILY LAW DRAFTING COURSE

December 8-9, 2005San Antonio

CHAPTER 2

KATHLEEN A. GASNERCounselor and Attorney at Law

3816 West AlabamaHouston, Texas 77027

Member, College of the State Bar Telephone: (713) 224-5400Mediator Facsimile: (713) 961-1616

CURRENT EMPLOYMENT

Law Office of Kathleen A. Gasner, Houston, Texas Sole Practitioner, 1983 to Present

EDUCATION

St. Mary’s University College of Law, San Antonio, TexasDoctor of Jurisprudence, 1981

Alfred University, New YorkBachelor of Arts, 1978

PROFESSIONAL ASSOCIATIONS

Member, American Bar AssociationMember, Association of Women Attorneys (Past President, 1991-1992)Member, College of the State Bar of Texas Member, Houston Bar Association; Family Law Section; Director 1989-1991Member, State Bar of Texas Member, The Alliance of Collaborative Family Law Attorneys (Chair 2003)Member, Collaborative Law Institute of Texas

MEDIATION

Comprehensive Human Systems Mediation Training; (basic and family law), 2001Participant, South Texas College of Law Family Law Mediation Training Seminar October 7, 1999

Participant, South Texas College of Law, “Whose Deal Are We Making?” Family Law Mediation, November 13, 2003

Speaker, “Family Law Essentials for $2000 or Free”, June 4, 2004

The Initial Client Consultation Chapter 2

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TABLE OF CONTENTS

I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

II. CONFIDENTIAL FAMILY LAW QUESTIONNAIRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A) Parent Education Class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B) Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1C) Scheduling Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1D) Confidential Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

III. SUMMARY OF PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

IV. COLLABORATIVE LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

V. CHECKLIST ON DOMESTIC VIOLENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

VI. UCCJEA AFFIDAVIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

VII. STATEMENT REGARDING HEALTH INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

VIII. CHECKLIST OF RIGHTS AND DUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

IX. PARENTING PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

X. FINANCIAL INFORMATION STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

XI. WITNESS LIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

XII. CONTRACTS OF EMPLOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

XIII. LETTER DECLINING REPRESENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

XIV. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

APPENDICES:

A. Confidential Family Law Questionnaire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5B. Summary of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13C. Signs of Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17D. Affidavit for UCCJEA Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19E. Statement of Health Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21F. Allocation of Parental Rights and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23G. Parenting Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Parenting Plan Addendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45H. Financial Information Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47I. Witness List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51J(a). Contract and Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Letter Form Contract with Contingency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59K. Letter Declining Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71


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THE INITIAL CLIENT CONSULTATION

I. INTRODUCTIONEach initial client interview is important. The

attorney must grasp the needs of the client and how tomost efficiently and effectively represent the client. Theclient must understand the process of the family lawproceeding. The client, too, must clearly understand whatis expected of him or her during the case including thenecessity of meeting deadlines.

During the initial consultation the lawyer is tryingto accomplish the following: 1) learning what are theissues; 2) what are the facts relevant to the issues; 3)educating the potential client; 4) determining whetheryou want the person as a client; 5) getting the person tocommit to you as his/her lawyer and if not; 6) makingsure the person does not believe you are his/her lawyer.

It has been noted that a client decides whether or notto hire an attorney within four minutes of the initialinterview. Therefore, be courteous and confident. Keepinterruptions to a minimum. If you must take a phonecall, apologize and take the call outside of the presenceof the potential client.

My paper includes forms that I hope will assist eachof you in your practice.

II. C O N F I D E N T I A L F A M I L Y L A WQUESTIONNAIRE

APPENDIX A:Although we take notes during the interview of a

new client, it is best to have the client answer thequestionnaire. I prefer to have the potential client answerthe Questionnaire prior to coming to my office. Manypotential clients will keep a copy of their answeredquestionnaire on their own because of the informationcontained therein. Further, the lawyer doesn’t have towaste time getting the background information nor doeshe or she have to worry about not having it when it istime to complete all the necessary forms at theconclusion of the case. If there are any blanks orincomplete information, that can be addressed during theinitial meeting. How a client answers the questionnairemay give you a hint as to how thorough the client may bein completing additional paperwork.

The following are a few items in the Questionnairethat should be noted:

“DO NOT USE OR WITHDRAW ANYFUNDS ON ACCOUNT IN WHICH THECHILDREN’S OR A CHILD’S NAMEAPPEARS” -

The client must be made aware that he or she has afiduciary relationship with the child. Withdrawal of

funds may lead to a lawsuit brought by the other parenton behalf of the child.

I include the Local Disclosure Rules in HarrisCounty in the questionnaire. This sets forth whatdocuments are needed and when they are due. It has aplace for the signature of the client who will not be ableto later deny that he or she did not know about thedeadline.

I have also included the local rules from thefollowing counties: Bexar, Dallas, Fort Bend, Harris,Galveston and Montgomery.

It is important to explain to the client who believesthat custody may be in issue certain procedures by thecourts. For example, some courts require mediationbefore a Temporary Orders hearing.

Parent Education Class, Mediation, SchedulingOrders and Confidential Communications

A) Parent Education ClassAt each initial client consultation, I give the client a

few brochures from organizations that provide aparenting education class. Encourage the client to attendearly by explaining that he or she may actually learnsomething from the course that may foster a betterrelationship with their spouse for the benefit of the child.Get the original certificate back from the client and filepromptly with the Court. Too many times a case may besettled but the attorney cannot finalize the matter untilthe parenting education class has been completed.

B) MediationBriefly discuss the process of mediation. Most

courts require the parties to attend mediation prior to the trial date or as I have noted above prior to theTemporary Orders hearing. Further, pursuant to TEX.FAM. CODE § 153.602, a party or the Court on it’s ownmotion may order the parties to a dispute resolutionprocess to establish a temporary Parenting Plan.

C) Scheduling OrdersBeyond receiving a trial date in a Scheduling Order,

local rules must be followed. For example, in HarrisCounty an inventory must be on file with the Court tendays prior to trial.

D) Confidential CommunicationsThe client needs to understand that communications

between a client and their attorney is privileged andconfidential.

You should point out to the potential client threeimportant exceptions to this rule as I have set forth in thequestionnaire.


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III. SUMMARY OF PROPERTY

APPENDIX B:I also prefer that the potential client complete what

I call a summary of property prior to the initialconsultation. Some of the information requested isneeded in order to properly prepare the Original Petitionor to file the Counter-Petition. This document can beuseful in addressing assets with the client in an orderlyfashion. Further, by having the potential client completethe summary of property it gives the client a lead ingathering information for the inventory. The summary ofproperty can also be used as a check when the clientcompletes the inventory.

I would recommend getting the Deed of Trust andNote along with any refinancing documents as soon aspossible.

IV. COLLABORATIVE LAWTexas was the first state to codify Collaborative

Law. TEX. FAM. CODE § 6.603 and 153.0072.I believe every lawyer has a duty at the time of the

initial consultation to explain to the client thecollaborative law process. After discussing the process,you may want to give the client a retainer letter, letter tospouse inviting the spouse’s participation in collaborativelaw and the participation agreement for all parties andattorneys to sign as found in the Texas Family LawPractice Manual Chapter 12.

V. CHECKLIST ON DOMESTIC VIOLENCE

APPENDIX C:Abuse must be discussed in the initial consultation

to discern if a Protective Order may need to be filedpursuant to Title IV of the Texas Family Code.

The source of the Checklist is the American BarAssociation Commission on Domestic Violence, TheImpact of Domestic Violence on Your Legal Practice.ABA Section of Family Law Program, Annual Meeting,August 6-8, 2004, Atlanta, Georgia.

VI. UCCJEA AFFIDAVIT

APPENDIX D:Due to the requirements of the UCCJEA, all actions

involving children must be accompanied with a UCCJEAaffidavit. In order to avoid a lapse in forgetting to complywith this requirement, discuss at the initial consultation.

VII. STATEMENT REGARDING HEALTHINSURANCE

APPENDIX E:TEX. FAM. CODE § 154.181(b) requires that

specific information pertaining to health insurance bedisclosed in a pleading or other statement. The formattached can be used to obtain the information for yourpleadings or to be used as an exhibit or disclosure to theCourt.

VIII. CHECKLIST OF RIGHTS AND DUTIES

APPENDIX F:Most clients do not understand the term joint

managing conservatorship. By providing the client withthis checklist, you can review the checklist with the clientin order that he or she has a clear understanding of therights and duties that will be set out in the TemporaryOrders, Final Decree and in the Parenting Plan. It is alsohelpful to have this form with you at mediation.

After reviewing the rights and duties, discuss whatis meant by a Standard Possession Order and theelections that may be made by the visiting parent.

IX. PARENTING PLAN

APPENDIX G:Beginning September 1, 2005 pursuant to TEX.

FAM. CODE § 153.062 a temporary order mustincorporate a temporary parenting plan which mustcomply with a final parenting plan under § 153.603.

I have included a Parenting Plan proposed for theTexas Family Law Practice Manual. I, too, include whatJudge Doug Warne refers to as a “Parenting PlanAddendum” that is used in the 311th District Court inHarris County, Texas.

X. FINANCIAL INFORMATION STATEMENT

APPENDIX H:If there will be a request for Temporary Orders, the

client should be given a Financial Information Statement.Make it clearly understood, that the FinancialInformation Statement must be completed fully. Discusswith the client that the Financial Information Statementis a form and that there may be re-occurring monthlydebts, ie. vet expenses, life insurance not deducted fromsalary, maid and lawn care services, private school feesin addition to tuition costs, school uniforms, tutoringexpenses, driver’s education and an increase in carinsurance if the child will soon get licensed. Ask theclient if taxes and insurance are escrowed in themortgage payment. If not include those annual expensesand any others that may be paid annually, ie.


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homeowner’s association dues. Discuss with the clientthat he or she must review check registers, computerprograms, etc. to get an accurate picture of averagemonthly expenses. You will note on the top of my form,I state that the client is to return with the FinancialInformation Statement, his/her two most recent paystubsand the last two years federal income tax returns or W2s.This information is needed to be in compliance withTEX. FAM. CODE § 154.063. By getting thisinformation sooner rather than later, you may have thefinancial documents to comply with local rule disclosurerequirements.

XI. WITNESS LIST

APPENDIX I:If a Temporary Order hearing will be required, you

may give the client a form to complete in order that thelawyer can have the witness information in one place.Further, the form can aid in preparing the 194 Responseto Request for Disclosure.

XII. CONTRACTS OF EMPLOYMENT

APPENDIX J:It is imperative to have a written contract. Set forth

clearly how you will bill and how you will get paid foryour services provided. Tell the client to call you if he orshe has any questions. Once the contract is signed by theclient, keep the original in your file and provide the clientwith a copy.

There are many forms for contracts. Essentially, thecontract should clearly state what you will do during thecourse of your representation and what you will not do.

In the contract J(a) at the top a blank is left as to thenature of the case. It is better to be more specific thangeneral. For example, that this is a dissolution of themarriage including the division of the community estateand the conservatorship and support of the children ispreferable to “divorce”.

In both contracts you will note that there is languagefor the client to replenish the amount in trust so as tohave a continuing balance in trust. This is referred to asan “evergreen clause”.

In contract J(a), there is a clause for a trial depositstating when it is due and the amount depending onwhether it is a jury or non-jury trial.

This contract also specifically sets out that theattorney does not represent clients on a fixed-fee basis incontested cases. The contract in bold language informsthe client that the attorney will not represent the client inthe appellate courts, unless a separate agreement isreached on fees because the appeal will be treated as aseparate case. The contract also states that the attorney

will not value marital assets nor does the representationinclude tax advice.

Included in the contract, is the State Bar of TexasOffice of General Counsel’s telephone number. Byhaving this in the contract, you don’t have to worry abouthaving the language clearly posted in your office.

I also attach a copy of the Rules of Conduct to thecontract. By providing this to the client, you are clearlysignaling to the client how you will conduct yourselfespecially when that first request to re-set a hearing dueto a conflict in schedules comes across your desk.

Another contract in Appendix J is an example of acontingency contract. This contract includes languagethat segregates the tort from the divorce cause of actionstating specifically that the divorce matter will be billedon an hourly charge.

As for the tort claim, the contract sets out that theattorney will most likely engage another attorney orlawfirm as co-counsel because this firm does notspecialize in personal injury law. The client is then toldin writing that he or she will have to execute a separatecontract with the additional attorney or firm.

The contract further states that this attorney willshare in the contingency fee awarded to the additionalfirm.

Please note the bold language under Number III,Payment of Fees and Expenses. The language clearlyputs the client on notice that if the client takes a “global”settlement - a sum of money to settle the property andtort claim, the attorney will be paid the greater of hershare of the contingency contract under the terms of thecontract or her hourly rate.

This contract includes a dispute resolution by abinding arbitration clause.

Lastly, the contract also has the client sign off onanswering interrogatories and a request for production.

As in all cases, a lawyer who uses a contingencycontract must keep accurate records of the time that hasbeen spent on the case. If this is not done, expect to begrilled on cross-examination.

XIII. LETTER DECLINING REPRESENTATION

APPENDIX K:If at the conclusion of the meeting with the

prospective client you decide not to accept employment,send a follow-up letter immediately stating that youdecline employment. This needs to be done so as to notharm the person and to protect the lawyer from afrivolous grievance. It is important to keep a copy of theletter because some people get the idea that aconsultation fee is a retainer fee.


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XIV. CONCLUSIONThere is much information to get from a prospective

client. Likewise the client must understand the processand what is expected of him or her.

I hope the attached forms that I have included in thispaper will assist you in getting the information you needand helping your client obtain same.


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APPENDIX A

CONFIDENTIAL FAMILY LAW QUESTIONNAIRE

Please complete this questionnaire as fully and accurately as possible. All information will beheld in strict confidence. (NOTE: I WILL NEED TO HAVE A CERTIFIED COPY OF EACH COURTORDER, if any.)

INFORMATION ON YOURSELF: DATE:___________________

Name:______________________________________________________________________________First Middle Last

Maiden name:_________________________ Date of Birth:___________________________

Age:________________ Place of Birth:______________________________________________

Social Security No.: _________________________ TDL No.: ______________________________

Address: ___________________________________ Hours: ________________________________ ___________________________________ ___________________________________ Home Phone: ___________________________

County of Residence: ________________________ How Long?: ____________________________

Cellular phone number: ______________________ Pager No.: _____________________________

Email address: _____________________________

What is your mental and physical health? __________________________________________________

How long have you lived in Texas? _______________________________________________________

How long have you lived in your County? __________________________________________________

If you want mail from this office sent to a different address, please furnish: _______________________________________________________________________________________________________

Name of employer: ____________________________________________________________________

Address: __________________________________ Phone No.: ______________________________ __________________________________ __________________________________ Hours: __________________________________

Fax No.: ________________________________ Call first: Yes________ No________

Date of hire: _____________________________ Length of employment:___________________

Job title:_________________________________ Gross Salary/Month:_____________________

May we telephone you at work?__________ Leave a message?_____________________________

Person who referred you to this office:____________________________________________________


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INFORMATION ON SPOUSE OR FORMER SPOUSE:

Name:______________________________________________________________________________ First Middle Last

A maiden name: __________________________ Date of Birth: __________________________

Age:__________________ Place of Birth: _____________________________________________

Social Security No.:_____________________ TDL No.: _____________________________

Address: ______________________________ Hours: ________________________________ ______________________________ ______________________________ Home Phone: __________________________

County of Residence:____________________ How Long?: ___________________________

Cellular phone number:__________________ Pager No.: _____________________________

What is the spouse’s mental and physical health?_______________________________________

How long has he/ she lived in Texas? _____________________________________________________

How long has he/ she lived in your County? ________________________________________________

Name of employer: ____________________________________________________________________

Address: __________________________________ Phone No.: _____________________________ __________________________________ __________________________________ Hours: ________________________________

Fax No.:__________________________________ Call first: Yes________ No________

Date of hire:_______________________________ Length of employment: ___________________

Job title: _____________________________________ Salary: _________________________

Address where spouse is to be served: _________________________________________________________________________________________________________________________________________

Times when he/ she is at this address: _____________________________________________________

License plate numbers and type of car that he/ she drives: _____________________________________

Brief physical description of spouse: __________________________________________________________________________________________________________________________________________

VALUE OF ESTATE FOR PURPOSES OF RULE 190:

Do you believe that the marital estate is worth less than $50,000.00? ____________________________


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INFORMATION ON CHILDREN:

Full Name Sex SSN DOB Place of Birth

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Present address of children: ___________________________________________________________

List all property, if any, owned by any child[ren] of the marriage (include bank account numbers):

____________________________________________________________________________________

____________________________________________________________________________________

DO NOT USE OR WITHDRAW ANY FUNDS ON ACCOUNT IN WHICH THE CHILDREN OR A CHILD’S NAME APPEARS

Nature of any physical, medical or mental problems of any child or child[ren] who requires special care:________________________________________________________________________________________________________________________________________________________________________

Who will have custody of the child[ren]: ___________________________________________________

Approximate child support requested: _____________________________________________________

Do you or your former spouse have children by a former marriage? If so, please state:

Name Sex DOB Place of Birth Whose child

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Are you or your former spouse paying child support for other children not of this marriage? _________

If so, describe: _______________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Is private health insurance in effect for the children? __________

If so, cost for children? ____________________ Who provides? __________________

Name of insurance company? _______________ Policy number? __________________


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GENERAL INFORMATION

Date of Marriage: _____________________________________________________________________City and State: _______________________________________________________________________Date of Separation: ___________________________________________________________________Is your marriage common law? __________________________________________________________Prior Separations? ____________________ How Many? ____________________________________ Approximately when and how long? _____________________________________________________Are you or your spouse pregnant? _______________________________________________________Have you and your spouse been to counseling? _____________________________________________If so, who? __________________________________________________________________________Do you both see divorce as the only solution? ______________________________________________Does either party want reconciliation? ____________________________________________________Which of the following specific problems apply to your marriage:

Financial ______ Raising children ______Sex ______ Lack of social life ______In-Laws ______ Other:_____________________

Following are some specific problem which you could be having with your spouse. Which ones apply to your spouse:

______ Unfaithful ______ Irresponsible______ Bad temper ______ Physically abusive______ Gambling ______ Persistent nagging______ Excessive drinking ______ Non-communication______ No affection ______ Excessive absence______ Unfounded jealousy ______ Other, be specific:

________________________________________________________________________________________________________________________________________________________________________

If there is physical spouse abuse, what is the approximate amount of doctor, hospital, pharmacy, etc. bills?________________________________________________________________________________________________________________________________________________________________________

Has there been damage to your separate or community property by your spouse? ___________________If so, describe: _______________________________________________________________________

Upon divorce, should the wife’s maiden or prior name be restored? _____________________________What name? _________________________________________________________________________

Are you seeking that your spouse contribute to your attorney’s fees? ____________________________Have there been previous court proceedings between you and your spouse? _______________________If so, please complete the following:

Type of action: ________________________________________________________________Court No.: __________________________ Case No.: _____________________________State and County: ______________________________________________________________Date: ________________________________________________________________________


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IMPORTANT NOTICE REGARDING DISCLOSURE RULES

PLEASE TAKE NOTE OF THE FOLLOWING:

DIVORCE WITHOUT CHILDREN:

4.4 Duty of Disclosure: Without waiting for a discovery request, each party to a suit for divorce, annulment, ora suit in which child or spousal support is in issue, has a duty of disclosure of certain information to theother party. “Disclosure” includes providing for inspection and copying the information in the party’s“possession, custody or control,” as the phrase is defined in Rule 166b(2) (b) of the T. R. C. P. Differenttypes of suits require disclosure of different information.

4.4.1 Disclosure in Suit For Divorce or Annulment: Each party to a suit for divorce or annulment shall,without waiting for a discovery request, provide to the other party the following information aboutproperty in which the party claims an interest:

1. all documents pertaining to real estate;

2. all documents pertaining to any pension, retirement, profit-sharing or other employee benefit plan,together with the most recent account statement for any plan;

3. all documents pertaining to any life, casualty, liability and health insurance; and

4. the most recent account statement to any account located with any financial institution including, butnot limited to, banks, savings & loans, credit unions and brokerage firms.

IF DIVORCE WITH CHILDREN INCLUDE THE FOLLOWING:

4.4.2 Disclosure in Suit in which child or spousal support is an issue. : Each party to a suit in which childsupport or spousal support is an issue shall, without waiting for a discovery request, provide to theother party the following information:

1. all policies, statements, and description of benefits which reflect any and all medical and healthinsurance coverage that is or would be available for the child or the spouse; and

2. Unless the information has previously been exchanged in connection with a temporary hearing (Rule4.1), a Financial Information Statement for the party, together with that party’s previous two yearsincome tax returns and two most recent payroll check stubs, or, if no payroll check stubs are available,the party’s latest Form W-2.

IF A MODIFICATION:

4.4.2 Disclosure in Suit in which child or spousal support is an issue. : Each party to a suit in which childsupport or spousal support is an issue shall, without waiting for a discovery request, provide to theother party the following information:

1. all policies, statements, and description of benefits which reflect any and all medical and healthinsurance coverage that is or would be available for the child or the spouse; and

2. Unless the information has previously been exchanged in connection with a temporary hearing (Rule4.1), a Financial Information Statement for the party, together with that party’s previous two yearsincome tax returns and two most recent payroll check stubs, or, if no payroll check stubs are available,the party’s latest Form W-2.


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FAILURE TO COMPLY WITH LOCAL RULE 4.4:

4.4.3 Failure to Comply: This rule providing for the duty of disclosure shall constitute a discovery requestunder T. R. C. P., and failure to comply with this rule (or any of its subparts) may be grounds forsanctions, as prescribed by Rule 215 of TRCP.

CLIENT HAS READ AND UNDERSTANDS THE ABOVE DISCLOSURE RULES WHICH APPLY TOTHEIR CASE. PLEASE SIGN IN ACKNOWLEDGMENT. THE ABOVE INFORMATION ANDDOCUMENTS MUST BE PROVIDED TO THIS OFFICE NO LATER THAN TWENTY (20) DAYS AFTERFILING OR ANSWERING A CASE.

Client: ___________________________________Date: ____________________________________


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IMPORTANT NOTICE TO PROSPECTIVE CLIENT

PARENT EDUCATION CLASSES:

AS OF MAY 1, 1997, ALL FAMILY LAW CASES INVOLVING MINOR CHILDRENREQUIRE BOTH PARENTS TO TAKE A PARENT EDUCATION CLASS. IF YOU HAVE CHILDRENUNDER THE AGE OF 18 OR IN HIGH SCHOOL YOU ARE REQUIRED TO ATTEND A PARENTINGSEMINAR AND IT IS YOUR RESPONSIBILITY TO MAKE AN APPOINTMENT TO ATTEND THECLASS.

THIS IS A COURT-IMPOSED REQUIREMENT AND THE CASE CANNOT BECONCLUDED WITHOUT A CERTIFICATE OF COMPLETION ON FILE WITH THE COURT VERIFYINGYOU AND THE OTHER PARTY ATTENDED. ONCE YOU HAVE COMPLETED THE CLASS, YOU WILLRECEIVE A CERTIFICATE OF COMPLETION AND YOU MUST FORWARD THE CERTIFICATE TO YOURATTORNEY. IT MUST BE FILED WITH THE COURT BY YOUR ATTORNEY. PLEASE NOTE YOU DONOT HAVE TO AND SHOULD NOT ATTEND WITH YOUR SPOUSE.

YOU MAY TAKE THE CLASS AT ONE OF THE FOLLOWING:

CHILDREN COPE WITH DIVORCE 713-952-2673ESCAPE - FAMILIES AND DIVORCE 713-942-9500FAMILY SOLUTIONS, INC. (CLEAR LAKE AREA) 281-333-5866

MEDIATION REQUIRED (ALTERNATIVE DISPUTE RESOLUTION):

IN CONTESTED FAMILY LAW CASES, MOST COURTS NOW REQUIRE THE PARTIES ATTENDALTERNATIVE DISPUTE RESOLUTION PERFORMED BY A NEUTRAL, IMPARTIAL MEDIATOR. THISMEDIATION WILL BE DONE AT A COST TO BOTH PARTIES PAYABLE DIRECTLY TO THE MEDIATORAND THIS COST IS NOT INCLUDED IN THE RETAINER PAID TO YOUR ATTORNEY. THE AMOUNT OFSAID MEDIATION WILL DEPEND ON WHICH MEDIATOR IS CHOSEN. IF MEDIATION IS NOTCOMPLETED PRIOR TO THE TRIAL DATE SET BY THE COURT, THE COURT MAY DISMISS YOURCASE FOR NONCOMPLIANCE. MEDIATION MAY ALSO BE REQUIRED PRIOR TO A TEMPORARYORDERS HEARING OR MAY BE REQUIRED BY THE COURT ON IT’S OWN MOTION.

COURT GENERATED SCHEDULING ORDERS

PLEASE NOTE THAT THE COURT WILL ISSUE A DOCKET-CONTROL ORDER(SCHEDULING ORDER) AT SOME POINT AFTER THE CASE IS FILED. THE ATTORNEY HAS NOCONTROL OVER THE ISSUANCE OF SAME OR THE DATES CONTAINED THEREIN. THE DOCKET-CONTROL ORDER SETS A SCHEDULE FOR THE CASE AND MUST BE COMPLIED WITH. IN ADDITIONTO VARIOUS DEADLINES AND A TRIAL DATE, THE SCHEDULING ORDER WILL SET A DEADLINEFOR MEDIATION. PLEASE NOTE THAT NEARLY EVERY CASE MUST BE MEDIATED BEFORE TRIAL. IF THE CASE IS NOT MEDIATED, THE COURT CAN AND WILL DISMISS IT.

PLEASE NOTE THAT LACK OF FUNDS TO PAY FOR MEDIATION, PREPARATION OF INVENTORIES,ETC. IS NOT AN ALLOWABLE EXCUSE IN COURT.

COMMUNICATIONS BETWEEN A CLIENT & HIS/HER ATTORNEY:

COMMUNICATIONS BETWEEN A CLIENT & THEIR ATTORNEY ISPRIVILEGED AND CONFIDENTIAL. A LAWYER MAY NOT DIVULGE ANY INFORMATIONCONCERNING COMMUNICATIONS WITH THEIR CLIENT. THERE ARE THREE IMPORTANTEXCEPTIONS TO THIS RULE:


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1. IF A THIRD PERSON IS A PARTY TO THE COMMUNICATION FOR EXAMPLE, IF A CLIENTWANTS HIS/HER MOTHER, BROTHER, SISTER, FRIEND, ETC., TO SIT IN DURING ANYCONFERENCE, THE CLIENT MAY HAVE WAIVED THE ATTORNEY/CLIENT PRIVILEGE;

2. IF A CLIENT TELLS HIS/HER LAWYER THAT HE/SHE INTENDS TO COMMIT A CRIME IN THEFUTURE, THE PRIVILEGE IS WAIVED; AND

3. IF A CLIENT TELLS HIS/HER LAWYER THAT PHYSICAL OR SEXUAL ABUSE OF A CHILD HASOCCURRED, THE LAWYER IS REQUIRED (STATE LAW) TO REPORT THE ABUSE TOCHILDREN PROTECTIVE SERVICES (CPS).

PLEASE TAKE FURTHER NOTICE:

NO PARTY MAY BRING A CHILD TO THE COURTHOUSE WITHOUT PRIORCONSENT OF THE COURT.

Client: ______________________________________Date: _______________________________________


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APPENDIX B

Attorney/Client - Privileged Information

SUMMARY OF PROPERTY

REAL PROPERTY (include any property in which the parties own the mineral estate, separate and apart from the surfaceestate, such as oil and gas leases; also include any property purchased by contract for deed, such as Texas Veterans Land Boardproperty and property purchased in recreational developments). Please provide Deed of Trust, Note and any refinancingdocuments.

1. Street address:County of location: ___________________Current fair market value $ _____________Year of purchase _____________________Name of mortgage company ____________Balance of mortgage: $ _______________Monthly payment $ _______________Description of improvements:Date improvements made: ______________Balance owed, if any:

2. Street address:County of location: ____________________Current fair market value $ ______________Year of purchase ______________________Name of mortgage company _____________Balance of mortgage: $ _______________Monthly payment $ _______________

MOTOR VEHICLES, BOATS, AIRPLANES, CYCLES, ETC. (Include mobile homes, trailers andrecreational vehicle; (exclude company-owned vehicles)

1. Year:________ Make:___________________ Model:________________________________

VIN# ___________________________ Lienholder: _________________________________

Name(s) on Title? __________________ Who drives? _______________________________

2. Year:________ Make:___________________ Model:________________________________

VIN# ___________________________ Lienholder: _________________________________


3. Year:________ Make:___________________ Model:________________________________

VIN# ___________________________ Lienholder: _________________________________



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4. Year:________ Make:___________________ Model:________________________________

VIN# ___________________________ Lienholder: _________________________________


BANK ACCOUNTS, SAVINGS ACCOUNTS, C.D.’S, CREDIT UNIONS, SAVINGS BONDS:

1. Name of Bank: ____________________________ Account number: Name on account: Type of account: Name(s) on withdrawal cards: Current account balance: When account opened:

2. Name of Bank: Account number: Name on account: Type of account: Name(s) on withdrawal cards: Current account balance: When account opened:

3. Name of Bank: Account number: Name on account: Type of account: Name(s) on withdrawal cards: Current account balance: When account opened:

LIFE INSURANCE AND ANNUITIES

1. Name of Company: _________________________________________________________Insuring Life of : ___________________________________________________________Term/Whole Life? ____________________ Cash Surrender Value: _______________

2. Name of Company: _________________________________________________________Insuring Life of : ___________________________________________________________Term/Whole Life? ____________________ Cash Surrender Value: _______________

STOCKS, BONDS AND MUTUAL FUNDS:

1. Name of Stock, Bond or Mutual Fund: __________________________________Estimated amount invested: ___________________________________________Name account held in: _______________________________________________




15


RETIREMENT ACCOUNTS, PENSION PLANS, 401 K’S (KEOGH, IRA, SEP, ETC.)

1. Do you participate in any retirement plan? ________ Does your spouse participate in any retirement plan?__________

2. Do you participate in any company savings plan? If so, how much do you have in that savings plan?____________________________________

3. Does spouse participate in any company savings plan? If so, how much does your spouse have in that savingsplan? ______________________________________________________

4. Does anyone owe you or your spouse any money? ____________________________

5. Are you involved in any lawsuits? __________ If so, explain _______________________________________________________________________________________________________

6. Do you own any livestock or mineral interests? ______________________________________

7. Do you belong to any clubs with an equity interest? ___________________________________

If so, where? __________________________________________________________________

DEBTS (other than house and/or automobiles):

Description with account numbers and (H) or (W): Amount:

1. ___________________________________________ $ _______________________

2. ___________________________________________ $ _______________________

3. ___________________________________________ $ _______________________

4. ___________________________________________ $ _______________________

5. ___________________________________________ $ _______________________

6. ___________________________________________ $ _______________________

7. ___________________________________________ $ _______________________

8. ___________________________________________ $ _______________________

9. ___________________________________________ $ _______________________

10. __________________________________________ $ _______________________


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SEPARATE PROPERTY

1. Do you own any separate property (property owned before marriage or property received during the marriage bygift or inheritance)? __________________ If so, detail your separate property.

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

2. Does your spouse own any separate property (property owned before marriage or property received during themarriage by gift or inheritance)? ______________ If so, detail the separate property.

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

LAST WILL AND TESTAMENT

1. Do you have a Will? __________ If so, prepared by whom? _______________________

2. Does your spouse have a Will? _________ If so, prepared by whom? _________________

INCOME TAX

Have you filed for all previous years? ______ Prepared by whom? _____________________Did you owe money or did you receive a refund? _______________ How much is owed or howmuch of a refund did you receive? _____________________

REFERRAL

Who referred you to our office? __________________________________________________.

I further understand this law firm has no obligation towards me if I decline to pursue any legalaction through this law firm. This law firm cannot give me legal advice through telephone orotherwise without a contractual relationship between me and this law firm.

Please sign: Client: ____________________________________________Date: _____________________________________________


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APPENDIX C

SIGNS OF ABUSE

9 Be alert to the following signs that domestic violence is occurring: Dominating, intimidating, terrifying, rule-making, stalking, harassing and injurious behaviors to control and manipulate the actions and responses of spouses/partners and sometimes children. Severe, recurring or life-threatening abuse, for example, repeated bruises, broken bones, and physical attacks or threats with weapons. Slaps, pushes, shoves, threats, emotional and financial abuse, false imprisonment, and any other behavior used to control and coerce the other spouse or partner. Degrading, humiliating, or belittling behavior. Use of the legal system to punish partner/spouse or attempts to control victim-lawyer appointments or communication. Constant phone calls to victim at work or home. Isolation of victim from relatives, friends, coworkers, or neighbors.

Source: The American Bar AssociationCommission on Domestic Violence,The Impact of Domestic Violence on YourLegal Practice. ABA Section of FamilyLaw Program, Annual Meeting, August6-8, 2004, Atlanta, Georgia.


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APPENDIX D

AFFIDAVIT FOR UCCJEA INFORMATION

STATE OF TEXAS **

COUNTY OF HARRIS *

Petitioner/Respondent appeared in person before me today and stated under oath:

"My name is _________. I am competent to make this affidavit. The facts stated in this affidavit arewithin my personal knowledge and are true and correct.

"I am the Petitioner/Respondent in this case.

"The child/ren's present address is __________________________.

"For the past five years immediately preceding the date of this affidavit, the child/ren has/have lived atthe following address/es with the following person/s:

Address/es:

Person/s lived with:

Date:

From ______ to ______.

"The present address/es of [names of person/s listed in above paragraph] is/are_______________________________________.

"I have not participated, as a party of witness or in any other capacity, in any other proceedingconcerning the custody of or visitation with the child/ren in Texas or any other state.

[or]

"I have participated as a [capacity in which participated, e.g., witness, party] in other proceedingsconcerning the custody of or visitation with the child/ren in [Texas/specify other state].

"I do not have information concerning any proceeding that could affect the current proceeding,including proceedings in Texas or another state relating to domestic violence, protective orders,termination of parental rights, and adoptions, involving the child/ren.

[or]

"The following proceeding could affect the current proceeding: [identify the court, case number, thenature of the proceeding, and date of the determination, if any]

[or]


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"I do not know of a person not a party to this proceeding who has physical custody of the child/renor claims rights of legal custody or physical custody or visitation rights with respect to the child/ren.["]

[or]

"The following persons have physical custody of the child/ren: [name/s and address/es].["]

[or]

"The following persons claim rights of legal custody or physical custody of, or visitation with, thechild/ren: [provide name/s and address/es].["]

Petitioner/Respondent

STATE OF TEXAS **

COUNTY OF HARRIS *

BEFORE ME, the undersigned authority, on this day personally appeared, ___________,whose name is subscribed to the foregoing and acknowledged to me that he/she executed samefor the purposes and consideration therein expressed. The acknowledging person is personallyknown to me, or was made known to me by evidence of a witness or by an identification care orother document used to identify the acknowledged person.

SUBSCRIBED AND SWORN TO BEFORE ME on this the ____ day of __________,2005.

Notary Public, State of Texas


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APPENDIX E

STATEMENT OF HEALTH INSURANCE

Status of Health Insurance (check one):

___ Private health insurance is in effect for the child(ren) the subject of this suit.

___ The child(ren) the subject of this suit is/are receiving medical assistance under Chapter 32,Human Resources Code (i.e., health care and related services and benefits authorized orprovided under federal law for needy individuals, such as Medicaid)

___ The child(ren) the subject of this suit is/are receiving health benefits coverage under thestate health plan under Chapter 62, Health and Safety Code (i.e., Children’s HealthInsurance Program (CHIP)).

___ Private health insurance is not in effect for the child(ren) the subject of this suit, but aparent has access to private health insurance at a reasonable cost to that parent.“Reasonable cost” means the cost of a health insurance premium that does not exceed10% of the responsible parent’s net income in a month.

___ None of the above.

If private health insurance is in effect for the child(ren) the subject of this suit, state:

The identity of the insurance company: ____________________________________________________

The policy number: ____________________________________________________________________

The name of the parent responsible for payment of any insurance premium for the coverage: _________

Is the health insurance coverage provided through a parent’s employment? Yes No (circle one)

If the coverage is provided through a parent’s employment, the name and address of the employer:

____________________________________________________________________________________

____________________________________________________________________________________

The cost of the premium: $_________ per month

_____________________________________________Signature of Party


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APPENDIX F

Allocation of Parental Rights and Duties

Rights and Duties

Each hasat alltimes

Each hasduringposses-sion

Solelymother

Solelyfather Independent By agreement

Duty to inform the other conservators of the child in a timelymanner of significant information concerning the health,education, and welfare of the childDuty to inform the other conservators of the child byprescribed notice if the conservator resides with for at leastthirty days, marries, or intends to marry a person theconservator knows is a registered sex offender or is currentlycharged with an offense that would require registration onconvictionRight to receive information from any other conservator ofthe child concerning the health, education, and welfare of thechildRight to confer with the other parent, to the extent possible,before making a decision concerning the health, education,and welfare of the childRight of access to medical, dental, psychological, andeducational records of the childRight to consult with a physician, dentist, or psychologist ofthe childRight to consult with school officials concerning the child'swelfare and educational status, including school activitiesRight to attend school activitiesRight to be designated on the child's records as a person tobe notified in case of an emergencyRight to consent to medical, dental, and surgical treatmentduring an emergency involving immediate danger to thehealth and safety of the childRight to manage the child's estate to the extent the estate hasbeen created by the parent or the parent's familyDuty of care, control, protection, and reasonable disciplineof the childDuty to support the child, including providing the child withclothing, food, shelter, and medical and dental care notinvolving an invasive procedureRight to consent for the child to medical and dental care notinvolving an invasive procedureRight to direct the moral and religious training of the childDuty to make periodic child-support payments N/A N/A N/A N/ARight to designate the primary residence of the child restricted:__________ Area:_______________

N/A N/A N/A N/A

Right to consent to medical, dental, and surgical treatmentinvolving invasive procedures

N/A N/A

Right to consent to psychiatric and psychological treatmentRight to receive and give receipt for periodic payments forthe support of the child and hold or disburse the funds for thebenefit of the child

N/A N/A

Right to represent the child in legal action and to make otherdecisions of substantial legal significance concerning thechild

N/A N/A

Right to consent to marriage and enlistment in armedservices of U.S.

N/A N/A

Right to make decisions concerning the child's education N/A N/ARight to services and earnings of the child, except asprovided by section 264.0111 of the Texas Family Code

N/A N/A


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Except when a guardian of the child's estate or a guardian orattorney ad litem has been appointed for the child, the rightto act as an agent of the child in relation to the child's estateif the child's action is required by a state, the U.S., or aforeign government

N/A N/A

Duty to manage the child's estate to the extent the estate hasbeen created by community property or the joint property ofthe parents

N/A N/A

Appendix - G [Caption]

[Petitioner’s Proposed/Respondent’s Proposed/Petitioner’s and Respondent’s Agreed] Parenting Plan

(Check boxes as applicable)

[Agreed/Proposed] Parenting Plan of ☐ Mother ☐ Father ☐ Both Parents

☐ Preliminary - For Temporary Orders

☐ For Final Judgment

Parents:

Mother’s name: [name of mother]Mother’s address: [address of mother]Mother’s phone number: [phone number of mother]Mother’s e-mail address: [e-mail address of mother]

Father’s name: [name of father]Father’s address: [address of father]Father’s phone number: [phone number of father]Father’s e-mail address: [e-mail address of father]

Attorneys:

Mother’s attorney’s name: [name]Mother’s attorney’s address: [address]Mother’s attorney’s phone number: [phone number]Mother’s attorney’s fax number: [facsimile number]Mother’s attorney’s bar card number.: [bar card number]

Father’s attorney’s name: [name]Father’s attorney’s address: [address]Father’s attorney’s phone number: [phone number]Father’s attorney’s fax number: [facsimile number]Father’s attorney’s bar card number.: [bar card number]

Amicus attorney’s name: [name]Amicus attorney’s address: [address]Amicus attorney’s phone number: [phone number]Amicus attorney’s fax number: [facsimile number]Amicus attorney’s bar card number.: [bar card number]

Children: (list starting with oldest child and ending with youngest child)

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Name Date of Birth Home State

1. ____________________________________________________________________________2. ____________________________________________________________________________3. ____________________________________________________________________________4. ____________________________________________________________________________5. ____________________________________________________________________________6. ____________________________________________________________________________

(Attach another page for additional children)

Party to designate primary residence of child[ren]: [name of party A]☐ within [specify geographical area]

☐ without regard to geographic location

[Name of party A] also has the right to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse those funds for the benefit of the child[ren].

Child support to be paid by [name of party B] to [name of party A]

Amount to be paid on a monthly basis: $_____________

To be paid ☐ weekly ☐ bi-weekly ☐ semi-monthly ☐ monthly

Beginning date: ________________

Income withholding order ☐ will be served

☐ will not be served unless [name of party B] is delinquent in payments.

To be reduced as follows: (complete as applicable)

$___________ when Child #1 is no longer eligible to receive child support $___________ when Child #2 is no longer eligible to receive child support $___________ when Child #3 is no longer eligible to receive child support$___________ when Child #4 is no longer eligible to receive child support $___________ when Child #5 is no longer eligible to receive child support$___________ when Child #6 is no longer eligible to receive child support

(Attach another page for additional reductions)

Medical insurance for the child[ren]:To be provided by ☐ [name of party A] ☐ [name of party B]

☐ by carrying health insurance on the child[ren]

☐ by reimbursing the other party for carrying health insurance on the child[ren]

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Uninsured medical expenses to be paid as follows:

If the health-care expenses are incurred by using a HMO or PPO plan, in an emergency, or with the written agreement of the other party, ________% by the party providing the insurance________% by the other party

Except in an emergency or if the other party agreed in writing, if a party incurs health-care expenses for the child by using the services of health-care providers not employed by the HMO or approved by the PPO:________% by the party incurring the services________% by the other party

If a party provides health insurance for the child through an HMO or a PPO that does not provide coverage for the child where the child resides or have network providers in the area where the child resides:________% by the party providing the insurance________% by the other party

If the child is enrolled in a health-care plan that is not an HMO or a PPO:________% by the party providing the insurance________% by the other party

The rights and duties of the parties should be allocated as follows:

[Name of party A] should have the following rights at all times:

☐ the right to receive information from any other conservator of the child[ren] concerning the health, education, and welfare of the child[ren];

☐ the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child[ren];

☐ the right of access to medical, dental, psychological, and educational records of the child[ren];

☐ the right to consult with a physician, dentist, or psychologist of the child[ren];

☐ the right to consult with school officials concerning the child[ren]’s welfare and educational status, including school activities;

☐ the right to attend school activities;

27

☐ the right to be designated on the child[ren]’s records as a person to be notified in case of an emergency;

☐ the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren]; and

☐ the right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the parent or the parent’s family.

[Name of party B] should have the following rights at all times:

☐ the right to receive information from any other conservator of the child[ren] concerning the health, education, and welfare of the child[ren];

☐ the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child[ren];

☐ the right of access to medical, dental, psychological, and educational records of the child[ren];

☐ the right to consult with a physician, dentist, or psychologist of the child[ren];

☐ the right to consult with school officials concerning the child[ren]’s welfare and educational status, including school activities;

☐ the right to attend school activities;

☐ the right to be designated on the child[ren]’s records as a person to be notified in case of an emergency;

☐ the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren]; and

☐ the right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the parent or the parent’s family.

[Name of party A] and [name of party B] have the following duties by law:

the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren]; and

the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged

28

with an offense for which on conviction the person would be required to register under that chapter. This information should be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. The notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged.

During [his/her] parenting times, [name of party A] should have the following rights and duties:

☐ the duty of care, control, protection, and reasonable discipline of the child[ren];

☐ the duty to support the child[ren], including providing the child[ren] with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

☐ the right to consent for the child[ren] to medical and dental care not involving an invasive procedure; and

☐ the right to direct the moral and religious training of the child[ren].

During [her/his] parenting times, [name of party B] should have the following rights and duties:

☐ the duty of care, control, protection, and reasonable discipline of the child[ren];

☐ the duty to support the child[ren], including providing the child[ren] with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

☐ the right to consent for the child[ren] to medical and dental care not involving an invasive procedure; and

☐ the right to direct the moral and religious training of the child[ren].

[Name of party A] should have the following rights:

☐ the

☐ exclusive right

☐ right, subject to the agreement of the other parent conservator

☐ independent right to consent to medical, dental, and surgical treatment involving invasive procedures;

☐ the

☐ exclusive right


29

☐ independent right to consent to psychiatric and psychological treatment of the child[ren];

☐ the

☐ exclusive right


☐ independent right to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];

☐ the

☐ exclusive right


☐ independent right to consent to marriage and to enlistment in the armed forces of the United States;

☐ the

☐ exclusive right


☐ independent right to make decisions concerning the child[ren]’s education;

☐ except as provided by section 264.0111 of the Texas Family Code, the

☐ exclusive right


☐ independent right to the services and earnings of the child[ren];

☐ except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the ☐ exclusive right


☐ independent right to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government; and

☐ the

☐ exclusive right

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☐ independent right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by community property or the joint property of the parents.

[Name of party B] should have the following rights:

☐ the

☐ exclusive right


☐ independent right to consent to medical, dental, and surgical treatment involving invasive procedures;

☐ the

☐ exclusive right


☐ independent right to consent to psychiatric and psychological treatment of the child[ren];

☐ the

☐ exclusive right


☐ independent right to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];

☐ the

☐ exclusive right


☐ independent right to consent to marriage and to enlistment in the armed forces of the United States;

☐ the

☐ exclusive right


☐ independent right to make decisions concerning the child[ren]’s education;

31

☐ except as provided by section 264.0111 of the Texas Family Code, the

☐ exclusive right


☐ independent right to the services and earnings of the child[ren];

☐ except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the ☐ exclusive right


☐ independent right to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government; and

☐ the

☐ exclusive right


☐ independent right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by community property or the joint property of the parents.

The following should be ordered by the court to minimize the child[ren]’s exposure to harmful parental conflict: [specify].

The foregoing provisions might include matters limiting certain rights and duties and sharing decision-making regarding various matters. These matters could include summer camp; smoking; supervised parenting time; safe-house parenting time and exchange of children; restrictions on consumption of alcohol; restrictions on who may or may not be allowed to spend the night when a child is present; rights of first refusal; enrollment in and expenses of extracurricular activities; firearms; drug testing; tattoos; body piercing; use of cell phones; curfews; use of cars and automobile insurance payments;unchaperoned travel; international travel; control of passports; leaving child unattended; Internet access; exposure to adult material; health-care choices (selection of health-care providers, orthodontia, LASIK surgery, cosmetic surgery, etc.); education choices (preschool, grades K through 12, summer school, tutoring, special enrichment programs); use and selection of mental health professionals; children’s savings accounts; pets and horses; employment by children; respecting privacy of children; private phone line; and so forth.

Parenting Time with Children(Please check boxes for requested periods)

Wh [ f t B] id 100 il l f th i id f th hild[ ] 32

☐ the time the child[ren]’s school resumes after the weekend- OR -

☐ [specify other weekend times]

If a weekend period of parenting time begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, that weekend period of parenting time shall begin on Thursday at:☐ 6:00 P.M. - OR -

☐ the time the child[ren]’s school is regularly dismissed - OR -

☐ [specify other time after school dismissal]

If a weekend period of parenting time ends on or is immediately followed by a Monday that is a school holiday during the regular school term or a federal, state or local holiday during the summer months when school is not in session, that weekend period of parenting time shall end at: ☐ 6:00 P.M. on the Monday holiday or school holiday - OR -

☐ 6:00 P.M. on the Monday holiday or at the time the child[ren]’s school resumes after the school holiday - OR –☐ [specify other times]

b. Thursdays—On Thursday of each week during the regular school term, beginning at:☐ 6:00 P.M. - OR -



and ending at:☐ 8:00 P.M. - OR -

☐ the time the child[ren]’s school resumes on Friday

- OR -

On [specify weekday other than Thursday or Monday] of each week during the regular school term, beginning at:☐ 6:00 P.M. - OR -



and ending at:☐ 8:00 P.M.

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☐ the time the child[ren]’s school resumes the next morning

c. Spring Break in Even-Numbered Years, beginning on the day the child[ren]’s school is dismissed at:☐ 6:00 P.M. - OR -



and ending at:☐ 6:00 P.M. on the day before school resumes after that vacation - OR -

☐ the time the child[ren]’s school resumes after that vacation

d. SummersWith written notice to the other parent by April 1:☐ 30 days during the summer, beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. If the other parent is the father, the period or periods of extended summer parenting time should not interfere with Father’s Day Weekend. These periods of parenting time shall begin and end at 6:00 P.M. - OR -☐ [specify other periods of summer parenting time]

If written notice is not given by April 1 of a year specifying an extended period of periods of summer parenting time for that year, summer parenting time for that year:☐ shall begin at 6:00 P.M. on July 1 and end at 6:00 P.M. on July 31 - OR -

☐ [specify other 30-day period during the summer months]

[Name of party A] shall have a superior right of parenting time with the child[ren] as follows:

a. Spring Break in Odd-Numbered Years, beginning on the day the child[ren]’s school is dismissed at:☐ 6:00 P.M. - OR -




☐ the time the child[ren]’s school resumes after that vacation

b. Summer Weekend Parenting Time

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☐ With written notice to the other parent by April 15, on any one weekend during any one period of the other parent’s period of extended summer parenting time, beginning at 6:00 P.M. on Friday and ending at 6:00 P.M. on Sunday, provided that the parent picks up the child from the other parent and returns the child to the same place. If the other parent is the father, the weekend selected should not interfere with Father’s Day Weekend - OR -☐ [specify other times]

c. Extended Summer Parenting Time ☐ With written notice to the other parent by April 15 or fourteen days’ written notice on or after April 16, the parent may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of parenting time of the other parent shall not take place in that year, provided that the weekend so designated does not interfere with the other parent’s period or periods of extended summer parenting time. If the other parent is the father, the weekend selected should not interfere with Father’s Day Weekend. - OR -☐ [specify other times]

When [name of party B] resides more than 100 miles from the primary residence of the child[ren], that party shall have parenting time with the child[ren] as follows:

a. Weekends

☐ On weekends beginning on the first, third, and fifth Friday of each month at:

☐ 6:00 P.M. - OR -



and ending at:☐ 6:00 P.M. on the following Sunday - OR -

☐ the time the child[ren]’s school resumes after the weekend

- OR -

☐ Not more than one weekend per month of [name of party B]’s choice, with fourteen days’ notice to [name of party A] preceding each chosen weekend, beginning at:☐ 6:00 P.M. - OR -



35

and ending at:☐ 6:00 P.M. on the following Sunday - OR -

☐ the time the child[ren]’s school resumes after the weekend

The weekend chosen should not conflict with provisions regarding Christmas, Thanksgiving, a child’s birthday, or [Mother’s/Father’s] Day Weekend.

If [name of party B] is currently living less than 100 miles from the residence of the child[ren] and that situation changes, within ninety days after the parties begin to live more than 100 miles apart [name of party B] shall give notice to [name of party A] specifying which of the above options for weekend parenting time [name of party B] will exercise.

If a weekend period of parenting time begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, that weekend period of parenting time shall begin on Thursday at:☐ 6:00 P.M. - OR -



If a weekend period of parenting time ends on or is immediately followed by a Monday that is a school holiday during the regular school term or a federal, state or local holiday during the summer months when school is not in session, that weekend period of parenting time shall end at: ☐ 6:00 P.M. on the Monday holiday or school holiday - OR -

☐ 6:00 P.M. on the Monday holiday or at the time the child[ren]’s school resumes after the school holiday - OR -☐ [specify other times]

b. Spring Break every year, beginning on the day the child[ren]’s school is dismissed at: ☐ 6:00 P.M. - OR -




☐ the time the child[ren]’s school resumes after that vacation - OR - c. Summers

With written notice to the other parent by April 1:

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☐ 42 days during the summer, beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice. If the other parent is the father, the period or periods of extended summer parenting time should not interfere with Father’s Day Weekend. These periods of parenting time shall begin and end at 6:00 p.m. - OR -

☐ [specify other periods of summer parenting time]

If written notice is not given by April 1 of a year specifying an extended period of periods of summer parenting time for that year, summer parenting time for that year:☐ shall begin at 6:00 P.M. on June 15 and end at 6:00 P.M. on July 27 - OR-

☐ [specify other 42-day period during the summer months]

When [name of party B] resides more than 100 miles from the primary residence of the child[ren], [name of party A] shall have a superior right of parenting time with the child[ren] as follows:

a. Summer Weekend Parenting Time☐ With written notice to the other parent by April 15, on any one weekend during any one period of the other parent’s period of extended summer parenting time, beginning at 6:00 P.M. on Friday and ending at 6:00 P.M. on Sunday, provided that if a period of parenting time by the other parent in that year exceeds thirty days, the parent may have parenting time with the child under the terms of this provision on any two nonconsecutive weekends during that period provided that the parent picks up the child from the other parent and returns the child to the same place. If the other parent is the father, the weekends selected should not interfere with Father’s Day Weekend. - OR -☐ [specify other times]

b. Extended Summer Parenting Time☐ With written notice to the other parent by April 15 or fourteen days’ written notice on or after April 16, the parent may designate twenty-one days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which the other parent shall not have parenting time with the child, provided that the period or periods so designated do not interfere with the other parent’s period or periods of extended summer parenting time. If the other parent is the father, the weeks selected should not interfere with Father’s Day Weekend. - OR -☐ [specify other times]

c. ☐ Other summer arrangements: [specify]

Holidays Unaffected by Distance:

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a. Christmas Holidays in Even-Numbered Years—

[Name of party B] shall have parenting time with the child[ren] beginning on the day the child[ren] are dismissed from school for the Christmas school vacation at:☐ 6:00 P.M. - OR -



and ending at:☐ noon on December 26 - OR -

☐ [time] o’clock on December [date].

[Name of party A] shall have parenting time with the children beginning at:☐ noon on December 26 - OR -


and ending at:☐ 6:00 P.M. on the day before school resumes after that Christmas school vacation - OR -☐ [specify other date and time]

b. Christmas Holidays in Odd-Numbered Years—

[Name of party A] shall have parenting time with the child[ren] beginning on the day the child[ren] are dismissed from school for the Christmas school vacation at:☐ 6:00 P.M. - OR -



and ending at:☐ noon on December 26 - OR -


[Name of party B] shall have parenting time with the children beginning at:☐ noon on December 26 - OR -


and ending at:☐ 6:00 P.M. on the day before school resumes after that Christmas school vacation - OR -

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☐ [specify other date and time]

c. Thanksgiving in Odd-Numbered Years

[Name of party B] shall have parenting time with the child[ren] in odd-numbered years beginning on the day the child[ren]’s school is dismissed for the Thanksgiving holiday at:☐ 6:00 P.M. - OR -



and ending at:☐ 6:00 P.M. on the Sunday following Thanksgiving - OR -

☐ the time the child[ren]’s school resumes after that Thanksgiving holiday.

d. Thanksgiving in Even-Numbered Years

[Name of party A] shall have parenting time with the child[ren] in even-numbered years beginning on the day the child[ren]’s school is dismissed for the Thanksgiving holiday at:☐ 6:00 P.M. - OR -



and ending at:☐ 6:00 P.M. on the Sunday following Thanksgiving - OR -

☐ the time the child[ren]’s school resumes after that Thanksgiving holiday.

e. Child’s Birthday

If a parent is not otherwise entitled to present parenting time with a child on the child’s birthday, that parent shall have parenting time with the child ☐ [check if desired] and the child’s minor siblingson the child’s birthday beginning at 6:00 P.M. and ending at 8:00 P.M. on that day, provided that the parent picks up the child [select if desired: and siblings] from the other parent’s residence and returns the child [select if desired: and siblings] to that same place.

f. Father’s Day Weekend

Father shall have parenting time with the child[ren] each year beginning on the Friday preceding Father’s Day at:☐ 6:00 P.M. - OR -

☐ [specify other time]

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☐ [specify other time] on Father’s Day

- OR -Father shall have parenting time with the child[ren] on Father’s Day from [time] A.M. until [time] P.M.

g. Mother’s Day Weekend

Mother shall have parenting time with the child[ren] each year beginning on the Friday preceding Mother’s Day at:☐ 6:00 P.M. - OR -

☐ [specify other time]


☐ [specify other time] on Mother’s Day

- OR -Mother shall have parenting time with the child[ren] on Mother’s Day from [time] A.M. until [time] P.M.

h. Other Periods

[Name of party A] shall have parenting time with the child[ren]: [specify other periods]

[Name of party B] shall have parenting time with the child[ren]: [specify other periods]

[Name of party A] shall have parenting time with the child[ren] at all times not assigned to [name of party B].

If [name of party B] is deployed in military service outside the United States, the following person is designated as the person who may exercise possession of the child[ren] on the first weekend of each month beginning at 6:00 P.M. on the first Friday of each month and ending at 6:00 P.M. on the Sunday immediately following each such Friday: [name, address, and telephone number of designated person].

General Rules Regarding Parenting Times

At the beginning of a parenting time, [name of party B] shall pick up the child[ren]:☐ at the residence of [name of party A] - OR -

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☐ at the following location: ____________________and [name of party A] shall surrender the child to [name of party B] at that time.

If a parenting time begins at the end of a child’s school day, [name of party B] shall pick up the child:

☐ at the child’s school - OR -

☐ the location where the school bus takes the child - OR -

☐ the following after-school care location: __________________

or if school is not in session on that day, at the following location: _________________

If the child will not be in school on that day, [name of party A] shall notify [name of party B] in advance.

At the end of [his/her] parenting time, [name of party B] shall:☐ return the child[ren] to [name of party A]’s residence - OR -

☐ surrender the child[ren] to [name of party A] at [name of party B]’s residence

If [name of party A] and [name of party B] live in the same county at the time a decree is entered and [name of party B] remains in the county but [name of party A] moves out of the county, then beginning on the date [name of party A] moves [name of party B] shall:

☐ surrender the child[ren] to [name of party A] at [name of party B]’s residence - OR -

☐ return the child[ren] to the residence of [name of party A]

If [name of party B]’s parenting time ends at the time a child’s school resumes, [name of party B] shall deliver the child:

☐ to school in time for the beginning of the child’s school day - OR -

☐ to [name of party A]’s residence at [time] or if school is not in session on that day, to [location] at [time].

If [name of party B]’s parenting time ends at the time a child’s school resumes and for any reason the child is not or will not be returned to school, [name of party B] should immediately notify

☐ the school

☐ [name of party A]

☐ the following person: ___________________________ that the child will not be or has not been returned to school.

If a child brings personal effects from one party’s residence to another for parenting time, the party where the personal effects were brought

☐ shall

☐ needn’t

41

ensure that the child returns to the other party’s residence with the personal effects that were brought.

A party ☐ may

☐ may not designate [any competent adult/specify person] to pick up and return the child, as applicable.

[Name of party B] should notify [name of party A] on each occasion that [name of party B] will be unable to exercise a period of [name of party B]’s parenting time.

[Name of party A] should notify [name of party B] on each occasion that [name of party A] will be unable to exercise a period of [name of party A]’s parenting time.

The following should be ordered by the Court to provide for the child[ren]’s changing needs as the child grows and matures in a way that minimizes the need for further modifications to the final parenting plan: [specify].

The foregoing provisions might include allowing at child over a certain age to have parenting times with Party B at times mutually agreed between the child and Party B, except for certain holidays, which would continue as in the original parenting plan, or providing that Party A and Party B will meet periodically to review and plan for the child’s changing needs or meet periodically with a parenting coordinator or developmental psychologist to discuss informal modifications to the parenting plan that meet the child’s changing needs.

Future Disagreements

If future disagreement arises between the parents regarding this parenting plan, before the parties go to court, except in an emergency, they shall use the following dispute resolution process or other dispute resolution process and shall give preference to carrying out this parenting plan:

☐ Collaborative law

☐ Mediation

☐ Arbitration

☐ Parenting coordinator

☐ (Other) ___________________________

If the parenting plan is agreed, include the following statement of agreement and signature lines.

Agreement of the Parties

We have agreed to the foregoing parenting plan and request the court to make the plan an order of the court.

42

______________________________________ ____________________________________[Name] [Name]Attorney for [name of party A] Attorney for [name of party B]

A proposed parenting plan must contain the following verified statement. Repeat for the second parent if the plan is agreed.

Verification

I, [name], state on oath that the preceding parenting plan is proposed by me in good faith and is in the best interest of the child[ren].

___________________________________________[Name]

SIGNED under oath before me on _____________________________.

___________________________________________Notary Public, State of Texas

A proposed parenting plan must contain a verified statement of income determined in accordance with the child support guidelines and related provisions in chapter 154 of the Texas Family Code.

Include the following if the parenting plan is not agreed.

Certificate of Service

I certify that a copy of this parenting plan has been delivered to counsel for the other party in accordance with Rule 21a. Texas Rules of Civil Procedure.

___________________________________________[Name of attorney]

43


APPENDIX G

PARENTING PLAN ADDENDUM

The parties to this suit are the parents of one or more children made the subject of thisDecree/Order. In addition to the provisions relating to conservatorship, support andpossession previously set out in this Decree/Order, the parents/parties are ORDEREDpursuant to Texas Family Code section 153.603:

1. To conduct themselves at all times in a manner that will minimize the exposure of the child(ren) to harmful parental conflict.2. To periodically confer with each other to provide for the changing needs of the child(ren) as they grow and mature.3. To attempt to enter into informal discussions with the other parent regarding any dispute concerning the child(ren) or the parenting plan prior to the institution of formal modification procedures through the court. In conducting or attempting to conduct these discussions, preference shall be given to carrying out the existing parenting plan. A parent shall maintain documentation sufficient to reflect a good faith attempt to comply with this provision as a prerequisite to the Court’s acting on a formal request for modification.

____________________ ____________________Parent Parent

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47

APPENDIX H

Provide past 2 years IRS returns and if none, provide W-2 forms and 2 most recent pay stubs.

FINANCIAL INFORMATION STATEMENT

NO. TH District Court

Petitioner Respondent

Attorney Attorney

1. Date of Marriage: Date of Separation:

Date of Last Order: ____________

2. Ages of Children ( )( )

3. GROSS MONTHLY RESOURCES: Wife Husband

Wages/Salary $ $ Overtime $ $ Bonus $ Interest on Savings $ Dividends $ Royalty Income $ Trust Income $ Net Rental Income $ Retirement/ Pension Income $ Annuities $ Capital Gains $ Interest on Notes $ Accounts Receivable $ Other Income $

TOTAL RESOURCES: $ $

4. DEDUCTIONS:

Withholding Tax $ $ FICA $ $ Retirement $ $ Union Dues $ $ Health Insurance $ $ Health Insurance for children $ $ Other $_______ $________TOTAL DEDUCTIONS: $ $


5. NET MONTHLY INCOME: *$ *$ *Per 2005 Texas Family Law Code

6. EMPLOYMENT:

Wife

Husband

Wife is paid: __________________Husband is paid: _________________

Date next check is received: Wife: Husband:

7. QUICK ASSETS:WIFE HUSBAND

Cash/Undeposited checks $ $ Financial Institutions $ $ Stocks/ Bonds $ $ Other $ $ Can borrow by signature $ $

8. NECESSARY MONTHLY EXPENSES FOR:

House Payment/Rent $ SUBTOTAL FORWARD: $ Utilities and Phone $ Clothing $ Food $ Haircuts $ Doctor/Dentist/etc $ Cleaning/ Laundry $ Insurance Payment $ Legal Fees $ Car Payments $ Gifts $ Gas/Oil/Parking $ Church Support $ Car Maintenance $ Entertainment/ Activities $ Child Care/School $ For childrenTuition $ Miscellaneous $ Lunches /supplies $ $ SUBTOTAL : $ TOTAL: $

9. DEBTS (OTHER THAN LISTED IN NUMBER 8 ABOVE):

Amount Monthly Payment

$ $

$ $

$ $

$ $

TOTAL MONTHLY PAYMENT: $ $

10. GRAND TOTAL MONTHLY EXPENSES: $

48


11. (ANSWER ONLY IF YOU ANTICIPATE RECEIVING SUPPORT) I feel that the followingsums are reasonably necessary or within the ability of my spouse to pay, and it will be fair andequitable to require the following:

EACH PAY MONTHLYPERIOD

a. For temporary alimony $ $ b. For child support $ $ 12. Total lines a & b $ $ 13. Payee’s Net Resources $ $ 14. Total line 12 & 13 $ $ 15. Payor’s Net Income $ $ 16. Less child support and alimony (line 12) ($ ) ($ )17. Net Payor after deduction of child support $ $

18. (ANSWER ONLY IF YOU ANTICIPATE PAYING SUPPORT) I feel that a reasonable sum forme to pay weekly or monthly would be:

a. For temporary alimony $___________ $__________b. For child support $___________ $__________

19. Total lines 18a and 18b $___________ $__________

Date:________________________ _____________________________

49


APPENDIX I

WITNESS LIST

Name: __________________________________________ Address: __________________________________________Home #: _________________________________________Work address: _____________________________________Work #: _________________________________________Cell #: ____________________________________________e-mail address: _____________________________________subject: ___________________________________________




51


APPENDIX J(a)

CONTRACT AND AGREEMENT

The undersigned, _______________________________ hereinafter sometimes referred to as "Client" and the undersigned,__________________, hereinafter sometimes referred to as "the Attorney," hereby enter into the following Contract and Agreementregarding the Attorney's representation of Client in a single family-law related matter filed or to be filed in a District Court in Texasas follows: _________________________________.

CLIENT UNDERSTANDS THE FOLLOWING CONDITIONS REGARDING EMPLOYMENT OF THEATTORNEY IN THIS CASE:

l. The date of actual employment of the Attorney is

2. No representations have been made by the Attorney as to the ultimate success of the case and the only materialrepresentations made by the Attorney to Client are that the Attorney will exert his or her best professional efforts in herrepresentations of Client. There have been no guarantees made by the Attorney that there will be a recovery of fees, costsor expenses incurred by Client in this cause of action;

3. Client fully understands that in the event sums are recovered and actually received from the opposing party, they shall firstbe credited to unpaid fees, costs and expenses with any remaining fees paid to Client;

4. Client fully understands that this instrument represents a contract for services rendered and to be rendered by the Attorneyand that such services are conditioned upon the terms of this Agreement, including, but not limited to, payment of attorneyfees to the Attorney in accordance with the fee schedule and other fee terms as set forth herein;

5. Client fully understands that the Attorney accepts no responsibility or liability of any nature for matters related to this causewhich preceded the date of this Agreement;

6. Client fully understands that there is a retainer of $ , which is to be paid simultaneously with theexecution of the contract.

7. The Attorney’s acceptance of your case is conditional upon our receipt of $_______________ to be held in our trustaccount to be applied toward the Firm’s billing in your case. If the amount of your Trust Deposit falls below$______________ at any time, you agree to pay an additional Trust Deposit in an amount sufficient to replenish the TrustDeposit to the amount of the Initial Fee of $_______________. Any unused portion of the Trust Deposit will be refundedto you upon the conclusion of the case less all fees and expenses owing to the attorney.

8. Client fully understands that 60 days prior to trial date of this cause of action, unless other arrangements are specificallymade in writing, the Attorney requires any past due or billed and unpaid fees and expenses to be brought current and a trialdeposit to be made in a minimum amount as follows: jury trial $________; non-jury trial $________.

9. I DO NOT REPRESENT CLIENTS ON A FIXED-FEE BASIS IN CONTESTED CASES. The cost of yourrepresentation depends on you, your adversary, the opposing counsel, and many other factors.

10. Client fully understands that the Attorney may withdraw from representation in the event Client:

a. Insists upon presenting a claim or defense not warranted under existing law and which cannot be supported bya good faith argument for extension or reversal of such law.

b. Personally seeks to pursue an illegal course of conduct.

c. Requests that the Attorney pursue a course of conduct which is illegal or prohibited under the disciplinary rules.

d. By other conduct renders it unreasonably difficult for the Attorney to carry out employment, including failingto provide the Attorney with a current address, home and work telephone number and refusing to cooperate withthe production of documents.

e. Insists upon the Attorney engaging in conduct which is contrary to the judgment or advice of the Attorney.

f. Disregards an agreement with the Attorney as to fees or services, costs or expenses rendered.

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FEE SCHEDULE

The Attorney and Client understand that the following fee schedule shall apply as a condition of employment and that

Client accepts full responsibility for the payment of all balances due for legal services as follows:

l. All trial and non-trial time expended in connection with this cause shall be charged at the rate as set forth below.

Non-trial charges include, but are not limited to, telephone conferences, interviews with Client or other parties inconnection with this cause, legal research time, drafting of legal instruments, preparation for Court, review ofcorrespondence and documents, and miscellaneous time spent in office practice and/or legal investigation.

2. Trial time includes time in courtroom attendance, whether in actual trial of this cause, or at ancillary hearings or motions,and pretrial conferences set by the Court.

3. In addition to the Attorney's fees, all case expenses, including subpoena costs, filing costs, deposition costs, accountingcosts, investigation costs, expert's charges, delivery service costs, postage costs, parking, mileage (at the rate allowed byIRS), xerox costs at $.20 per page, facsimile costs of $.50 per page for both incoming and outgoing facsimile transmittals,certified copy costs, computer disk rental and all other miscellaneous actual expenses incurred in connection with this causeare due and payable by Client, as incurred, and will be paid from trust account deposit so long as such is available.

4. All time will be recorded in units of .10 (6 minutes) even though the time spent may be less.

5. All accounts will be billed monthly. Balances are to be paid within 15 days. A late charge of 10% of the unpaid balanceon the 30th day after the date of the bill will be added to all balances which are 30 days past due.

6. All accounts are due and payable in Harris County, Texas.

MISCELLANEOUS

l. THIS CONTRACT AND AGREEMENT DOES NOT INCLUDE PRESENTATION OF THIS CASE TO ANYAPPELLATE COURT, and in the event an appeal is necessary, Client and Attorney will consider the appeal as a separateand distinct cause of action requiring new fee arrangements.

2. I AM NOT BEING RETAINED TO VALUE THE MARITAL ASSETS NOR DO I CLAIM TO HAVEEXPERTISE IN THIS AREA. You must determine, based upon the information obtained through the proceeding, whichassets you would like to receive, the value of those assets, and the economic ramifications concerning all property. I mayadvise you to retain appropriate experts, such as accountants, financial advisors, or real estate or business appraisers, toassist in this regard. An expert may need to be retained to prepare the Qualified Domestic Relations Order as myrepresentation will not include the drafting or qualifying such Order. I do not automatically search titles, determine thevalidity of income and expense figures supplied by your spouse or other opposing party, or attempt to verify otherunderlying data provided as part of the dissolution proceeding. If there are questions in your mind concerning any of theseissues, you should discuss them with me and authorize me to retain appropriate experts to provide assistance on yourbehalf.

3. MY REPRESENTATION DOES NOT INCLUDE RENDERING TAX ADVICE TO YOU. You must seek suchadvice from your accountant or other financial advisor.

4. FILES SHALL BE MAINTAINED FOR THREE YEARS. AFTER SUCH TIME HAS PASSED FILES SHALLBE DISCARDED.

BILLING RATES

The Attorney and Client understand that, from time to time, during the pendency of this cause and the Attorney/Client

relationship, that the Attorney may deem it necessary to use the services of legal assistants or employees, and Client agrees that use

of such is acceptable to Client and that all work performed by assistants selected by the Attorney shall be fully supervised by the

Attorney, and that the periodic time spent, if any, by legal assistants shall be billed the following rates;

The Attorney $_______ per hour

Paralegal $_______ per hour

Employees $_______ per hour

54


The above billing rates may change in the future. Often family cases pend as long as l2 to 24 months. If the hourly rate

changes, you will be notified approximately 30 days before the change takes effect.

SCHEDULING ORDERS

Client understands that the Harris County Family District Courts utilize scheduling orders, which provide certain dates and

deadlines for various matters pertaining to family law cases. Client understands that the Attorney has no control over the scheduling

orders which are generated by the Court and compliance is required. Client agrees to cooperate with the Attorney in meeting the

deadlines imposed by the scheduling order. Client agrees to make all Court appearances required by the Court's scheduling order.

NOTICE TO CLIENTS

The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not

every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office of General Counsel will

provide you with information about how to file a complaint. For more information, please call l-800-932-l900. This is a toll-free

phone call.

Attached hereto is a copy of the Lawyer's Creed. I am obligated to follow the Texas Disciplinary Rules of Professional

Conduct. I have chosen to follow the Lawyer's Creed. Please review the Lawyer's Creed before signing this contract.

SIGNED this ________ day of _______________________________, 2005.

Client Signature Attorney Signature

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56

TEXAS LAWYER’S CREED-A MANDATE FOR PROFESSIONALISM

I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by theSupreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know thatprofessionalism requires more than merely avoiding the violation of laws and rules. I am committed to this creed for no other reasonthan it is right.

1. Our Legal System

A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhereto the highest principles of professionalism.

2. I am passionately proud of my profession. Therefore, “my word is my bond.”3. I am responsible to assure that all persons have access to competent representation regardless of wealth or position in life.4. I commit myself to an adequate and effective pro bono program.5. I am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed.6. I will always be conscious of my duty to the judicial system.

2. Lawyer to Client

A lawyer owes to a client allegiance, learning, skill and industry. A lawyer shall employ all appropriate means to protect andadvance the client’s legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear ofjudicial disfavor or public unpopularity, nor be influenced by mere self-interest.

7. I will advise my client of the contents of this creed when undertaking representation.8. I will endeavor to achieve my client’s lawful objectives in legal transactions and in litigation as quickly and economically

as possible.9. I will be loyal and committed to my client’s lawful objectives, but I will not permit that loyalty and commitment to interfere

with my duty to provide objective and independent advice.10. I will advise my client that civility and courtesy are expected and are not a sign of weakness.11. I will advise my client of proper and expected behavior.12. I will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse

anyone or indulge in any offensive conduct.13. I will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources

of the opposing party.14. I will advise my client that we will not pursue tactics which are intended primarily for delay.15. I will advise my client that we will not pursue any course of action which is without merit.16. I will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all

matters that do not adversely affect my client’s lawful objectives. A client has no right to instruct me to refuse reasonablerequests made by other counsel.

17. I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving andsettling disputes.

3. Lawyer to Lawyer

A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor,cooperation, and scrupulous observance of all agreements and mutual understandings. Ill feelings between clients shall notinfluence a lawyer’s conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessionalconduct in retaliation against other unprofessional conduct.

18. I will be courteous, civil and prompt in oral and written communications.19. I will not quarrel over matters of form or style, but I will concentrate on matters of substance.20. I will identify for other counsel or parties all changes I have made in documents submitted for review.21. I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which

have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties.22. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings,

depositions, meetings, conferences, or closings are canceled.23. I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate

objectives of my client will not be adversely affected.24. I will not serve motions or pleadings in any manner that unfairly limits another party’s opportunity to respond.25. I will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and

responses.

26. I can disagree without being disagreeable. I recognize that effective representation does not require antagonistic orobnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anythingwhich would be unethical or improper if done by me.


27. I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession intodisrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towardsopposing counsel, parties, and witnesses. I will not be influenced by any ill feeling between clients. I will abstain fromany allusion to personal peculiarities or idiosyncrasies of opposing counsel.

28. I will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposingcounsel, without first inquiring about that counsel’s intention to proceed.

29. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously withsubmission to the Court. I will promptly approve the form of orders which accurately reflect the substance of the rulingsof the court.

30. I will not attempt to gain an unfair advantage by sending the court or its staff correspondence or copies of correspondence.31. I will not arbitrarily schedule a deposition, court appearance, or hearing until a good faith effort has been made to schedule

it by agreement.32. I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party.33. I will refrain from excessive and abusive discovery.34. I will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I

will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process.I will encourage witnesses to respond to all deposition questions which are reasonably understandable. I will neitherencourage nor permit my witnesses to quibble about words where their meaning is reasonably clear.

35. I will not seek court intervention to obtain discovery which is clearly improper and not discoverable.36. I will not seek sanctions or disqualification unless it is necessary for the protection of my client’s lawful objectives or is

fully justified by the circumstances.

4. Lawyer and Judge

Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and impropercriticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the court andthe profession.

37. I will always recognize that the position of the judge is the symbol of both the judicial system and administration of justice.I will refrain from conduct that degrades this symbol.

38. I will conduct myself in court in a professional manner and demonstrate my respect for the Court and the law.39. I will treat counsel, opposing parties, the court, and members of the court staff with courtesy and civility.40. I will be punctual.41. I will not engage in any conduct which offends the dignity and decorum of proceedings.42. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage.43. I will respect the rulings of the court.44. I will give the issues in controversy deliberate, impartial and studied analysis and consideration.45. I will be considerate of time constraints and pressures imposed upon the court, court staff and counsel in efforts to

administer justice and resolve disputes.

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Date

Ms. Potential ClientVIA HAND DELIVERY

Re: Divorce Action and tort claims

Dear Ms. Client:

This letter is written to confirm the terms on which you have agreed to employ this firm(Hot Shot Attorneys,L.L.P.) to represent you in a divorce action as well as an action for damages.

Our services will consist of the court appearances, telephone conferences, travel,investigative work, legal research, review of material received from all sources, drafting ofpleadings and incidental correspondence, participation in settlement conferences, and othernecessary preparation for a order to be entered.

This agreement does not include presentation of this case to any appellate court orpreparation of motions ancillary to this representation. If appeal is necessary, client and attorneywill consider the appeal as a separate and distinct cause of action requiring a new fee arrangement.

I. TAX ADVICE—AND QUADRO SERVICES

This Firm does not give tax advice. Any information concerning federal incometaxes given to Client is intended to constitute nothing more than a starting place for discussionsbetween Client and their CPA or tax advisor. Client agrees and releases Firm from anyliability associated with tax-related language contained in any court order or decree andagrees to review such language with a CPA or other tax advisor before the entry of suchdecree or order.

Many times, in the division of the property, a Qualified Domestic Relations Order mustbe drafted in order to obtain your share of a retirement plan. These documents must complywith each plan’s administrator. This office will retain an attorney or accountant specificallyqualified to draft these orders. The client agrees to pay for such service at the rate charged bythe outside counsel. The Client agrees and releases the Firm from any liability associatedwith the Order in the event the client specifically declines the service provided by theoutside counsel in drafting this special order.

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II. LEGAL FEES AND EXPENSES

You herewith employ the said law firm to represent you as your attorneys and counselorsat law in the resolution of your marital issues, including the settlement of property issues andparent child issues, and agree to deposit an initial retainer of $20,000.00, payable as follows:$10,000 upon signing this agreement, and the balance of the retainer of $10,000 within sevendays after the temporary hearing or the entry of an agreed temporary order, whichever occurssooner. You understand that in the event the full retainer is not funded, then Attorney A willbe authorized to withdraw from the case immediately. The entire amount is creditable againsttime and fees, and the unused portion is refundable. You will be required to maintain a balanceof at least $5,000.00 at all times and to pay your monthly statements promptly so that the$5,000.00 balance always remains. The amount of the retainer in no manner reflects the totalcosts or expenses that will be incurred in this case. The total amount probably will besubstantially greater than the retainer. You will be responsible for any additional expenses orcosts.

You also understand that this expense is not to include the tort action that will be filed onyour behalf. The tort action that we believe is viable shall be handled as a contingency fee case.You agree that this office will most likely engage an additional attorney/law firm to be co-counsel as this firm is not specialized in personal injury law. The additional firm will requireyou to execute a separate contract to engage them in this action. That contract may or may notdetail this arrangement (in this document), however you understand that the undersigned willshare in the contingency fee owed to the additional firm.

The undersigned will keep your billings of hourly work under the parent child issues andthe property issues separate from the cumulative work that is performed by this firm or theadditional firm. When the matters are the same, you agree to pay the hourly fee and no creditshall be taken from the contingency fee. For example: This firm may take the deposition of thehusband or a witness. This time shall be billed on the hourly rate. Only when the additionalfirm personally performs work for you (rather than this firm) will there be no charge. The workthis firm does that is strictly (and exclusively) dedicated to the tort shall not be charged.

You understand that the fee charged to you will be based primarily on an hourly charge atthe time the services are rendered at the then existing rate of the firm’s attorneys and paralegals.The current rates are as follows:

(i) $400.00 per attorney hour of time expended on your behalf by AttorneyA;

(ii) $200.00 per attorney hour of time expended on your behalf by AttorneyB;

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(iii) $90.00 per hour of time expended on your behalf by the legal assistant;

(iv) $50.00 per hour of time expended on your behalf by the law clerk.

You understand that the final fee will be payable at or prior to the conclusion of theservices and will also include the factors of the nature and complexity of the problems involvedand the responsibility imposed upon the law firm for protecting and advancing your interests.You agree to pay on a current basis for all fees and our out-of-pocket expenses incurred on yourbehalf by the law firm, including, but not limited to, xerox copying, the charges of accountants,appraisers, expert witnesses and depositions, if the same are utilized. All past due amounts willbear interest at 10 percent per annum commencing thirty days from the invoice date.

All sums due and to become due the Firm are payable at the offices of the Firm at (theaddress of the firm).

III. PAYMENT OF FEES AND EXPENSES

All monies, fees, and expenses due to the Firm shall be paid first from the retainer, and ifthe retainer is insufficient, then within ten days of request or upon receipt of invoice, whicheveris earlier.

In further consideration for our acceptance of your case, you have agreed to promptlyreimburse the firm for incidental expenses for your case, such as court costs, travel expenses, long-distance phone calls, postage, retaining the services of a private investigative firm, documentreproduction at our cost per copy, telecopier transmissions at our cost per transmission, and so forth.These expenses will be itemized on your monthly billing statement, and it is our agreement that youwill remit payment to reimburse these expenses immediately on your receipt of a statement.

You will be billed monthly on or about the first of the month by statements from this office.You have agreed that your failure to make payment timely or to otherwise perform your obligationsunder our agreement will be grounds for the firm's withdrawal from your representation. We haveagreed that these provisions are fair because our effort, to be successful, must be the product of ourteamwork.

If the court grants this firm a judgment against your spouse for your attorney's fees, it willstill be your responsibility to pay the firm in accordance with the terms of this letter contract. Thefirm will then give your account credit for sums collected from your spouse if, as, and when thesums are paid, less reasonable costs (including attorney's fees) incurred by the firm in collectingthem. If your account is current, it may be possible, if you then prefer, for the firm to assign to youany such judgment for your own collection against your spouse.

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THIS PARAGRAPH IS EXCLUSIVE OF THE TORT ACTION, HOWEVER—

IN THE EVENT YOU TAKE A “GLOBAL” SETTLEMENT- ONE THAT INCLUDESONE SUM OF MONEY TO SETTLE ALL CLAIMS INCLUDING THE PROPERTYSETTLEMENT AND THE TORT CLAIM—YOU AGREE THAT THE UNDERSIGNEDATTORNEY SHALL BE PAID THE GREATER OF THE FOLLOWING—HER SHAREOF THE CONTINGENCY CONTRACT UNDER THE TERMS OF THAT CONTRACT/OR HER HOURLY RATE

I. FURTHER AGREEMENTS

You have also agreed to assist us in furnishing necessary witnesses to appear on reasonablenotice and have agreed to comply with all of the firm's reasonable requests in connection with thepreparation and presentation of your case.

While your concern for the costs involved is certainly appreciated, you must understand thatit is impossible to predict accurately all that will be required to represent your legal interests in thismatter, both present and future. Thus it is impossible to predict accurately the total amount of the feefor professional services or other costs that may be involved in representing your interests. In thisregard, it is fair that you be cautioned at the outset that sometimes (and not infrequently)complexities develop in areas where they are not expected by a client. Sometimes because ofextreme bitterness and hurt feelings, or because of substantial property interests, family law casesbecome unreasonably time-consuming. This firm has made no express or implied representations orguarantees concerning the outcome of your case or how long your case will take to complete.

Just as you are depending on our expertise and professionalism, we will depend on you tokeep faith with us if complexities develop in your case where you did not expect them. Yourcontinuing faith in this firm during what might become a prolonged period is vitally important to themaintenance of your legal rights; its importance simply cannot be over-emphasized.

Conversations between an attorney and client are protected by law and by the disciplinaryrules to which attorneys are subject. No attorney can be compelled to reveal anything you say to himor her, except in accordance with section 261.101 of the Texas Family Code regarding child abuse.The reason for this protection is that the experience of many hundreds of years has proved that theinterests of the client are best served when the client's attorneys are fully informed of all the factswell in advance of any possible contest. Your candor will assist us tremendously in representingyou; it is doubly protected by law and the disciplinary rules and is very much encouraged. You canrely on us to be candid with you, as well.

We will do our best to keep you advised on how the case seems to be progressing, based oninformation we receive from the court, from the other side, and from you. We will send you copiesof all pleadings for your information.

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We will do everything possible to expedite the appropriate disposition of your caseconsistent with the time limitations imposed by law and the protection of your present and futurelegal interests. There may well be some difficult decisions for you to make. It is an attorney'sresponsibility to advise you on the legal ramifications of the decisions, but you must make the actualdecisions.

II. WITHDRAWAL

You realize that the Firm will be investigating the law and facts applicable to the Matteron a continuing basis and should the Firm learn something which in the opinion of the Firmmakes it impractical, unprofitable or unethical for the Firm to proceed with the handling of theMatter, then the Firm may withdraw from further representation in the Matter by sending writtennotice to the Client of such withdrawal.

Any withdrawal of the Firm, as aforesaid, shall be subject to any applicable laws, rules ofcourt, and rules, regulations. and directives of the State Bar of Texas and will be conductedduring an order transition period of not more than 30 days prior to the actual withdrawal fromthe Matter.

Upon any withdrawal by the Firm, as aforesaid, for any reason or otherwise for goodcause and justification, including the Client’s failure to keep its trust account/retainerreplenished and its charges and payments current, the Firm shall be entitled to compensation forprofessional services performed by the Firm to the date of such withdrawal, together withreimbursement for costs and expenses actually expended or incurred by the Firm. Upon any suchwithdrawal, the Client and the Firm agree to cooperate in analyzing and identifyingcompensation to which the Firm is entitled for reimbursement for costs and expenses actuallyincurred by the Firm.

NOTICE TO CLIENTS

The State Bar of Texas investigates and prosecutes professional misconduct committedby Texas attorneys. Although not every complaint against or dispute with a lawyer involvesprofessional misconduct, the State Bar Office General Counsel will provide you withinformation about how to file a complaint.

This firm reserves the right and privilege to destroy a client's file 3 years from the date thefile is closed.

The Texas Supreme Court and Courts of Appeals have adopted the Texas Lawyer's Creed asa mandate to the legal profession in Texas. The creed requires our firm to advise you of the contentsof the creed when undertaking to represent you. A copy of the Texas Lawyer's Creed is attached tothis employment agreement for your review.

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You hereby agree that, if you should at any time become displeased or dissatisfied with anyaspect whatsoever of this firm's legal representation, or if you should at any time have any seriousquestion concerning that representation, you will immediately notify me of that fact in writing bycertified mail, return receipt requested.

You agree that this firm reserves the right to terminate the attorney-client relationship andwithdraw from your further representation for any of the following reasons:

1. Your failure to cooperate and comply fully with any reasonable request of this firm'sabout your case;

2. Your engaging in conduct or making statements that render it unreasonably difficultfor this firm to carry out the purposes of its employment;

3. Your insisting that this firm engage in conduct that is contrary to our judgment andadvice;

4. Your failure to pay fees and costs as provided in this agreement.

You agree that you have made a careful decision has been made by you and you consider thefees charged by this firm to be reasonable in light of the reputation and skills of many members ofthe firm.

This contract is the entire agreement between the parties hereto with respect to all matterherein contained and the terms, conditions and stipulations shall not be modified, expanded norrevoked unless by written agreement signed by both parties and attached hereto and made a parthereof.

Further the client acknowledges that in addition to having read this agreement in its entirety,any questions raised by the client have been answered and the client understands that agreement andconsiders it to be fair and reasonable.

DISPUTE RESOLUTION BY BINDING ARBITRATION

AT EITHER PARTY’S REQUEST, ANY AND ALL DISPUTES ARISING UNDEROR RELATING TO THIS CONTRACT OR THE ENGAGEMENT AND LEGALSERVICES TO BE RENDERED, INCLUDING BUT NOT LIMITED TO FEE DISPUTES,LEGAL MALPRACTIVE CLAIMS AND CLAIMS OF FRAUD, CONSTRUCTIVEFRAUD, BREACH OF FIDUCIARY DUTIES, BREACH OF CONTRACT OR ANY OTHERS, WILL BE SUBMITTED TO THE ARBITRATING BODY FOR BINDING ARBITRATION AND PROMPT RESOLUTION. BOTH ATTORNEY AND CLIENTAGREE TO BE BOUND BY THIS PROVISION AND THAT IF ACCEPTED, THISPROVISION WILL ELIMNATE CLIENT’S RIGH TO A JURY TRIAL IN ANY AND ALLDISPUTES AGAINST ATTORNEY.

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This firm is privileged to have this opportunity to be of service to you. We appreciate yourtrust and confidence, as well as your business. If you completely approve this agreement, please dateand sign the original of this letter where indicated, return it to this office, and retain the enclosedcopy for your file.

Sincerely yours,

HOT SHOT ATTORNEYS, LLP.1234 Attorney RowHouston, Texas 77002

BY: ________________________________________ Attorney A

ACCEPTED AND AGREED TO ON ___________________.

____________________________________________CLIENT

THE TEXAS LAWYER'S CREED

I am a lawyer; I am entrusted by the People of Texas to preserve and improve our legalsystem. I am licensed by the Supreme Court of Texas. I must therefore abide by the TexasDisciplinary Rules of Professional Conduct, but I know that professionalism requires more thanmerely avoiding the violation of laws and rules. I am committed to this creed for no other reasonthan it is right.

Our Legal System

A lawyer owes to the administration of justice personal dignity, integrity, and independence.A lawyer should always adhere to the highest principles of professionalism.

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1. I am passionately proud of my profession. Therefore, "My word is my bond."

2. I am responsible to assure that all persons have access to competent representationregardless of wealth or position in life.

3. I commit myself to an adequate and effective pro bono program.

4. I am obligated to educate my clients, the public, and other lawyers regarding thespirit and letter of this Creed.

5. I will always be conscious of my duty to the judicial system.

Lawyer to Client

A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ allappropriate legal means to protect and advance the client's legitimate rights, claims, and objectives.A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or publicunpopularity, nor be influenced by mere self-interest.

2. I will advise my client of the contents of this creed when undertaking representation.

2. I will endeavor to achieve my client's lawful objectives in legal transactions and inlitigation as quickly and economically as possible.

3. I will be loyal and committed to my client's lawful objectives, but I will not permitthat loyalty and commitment to interfere with my duty to provide objective andindependent advice.

4. I will advise my client that civility and courtesy are expected and are not a sign ofweakness.

5. I will advise my client of proper and expected behavior.

6. I will treat adverse parties and witnesses with fairness and due consideration. Aclient has no right to demand that I abuse anyone or indulge in any offensiveconduct.

7. I will advise my client that we will not pursue conduct which is intended primarily toharass or drain the financial resources of the opposing party.

8. I will advise my client that we will not pursue tactics which are intended primarilyfor delay.

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9. I will advise my client that we will not pursue any course of action which is withoutmerit.

10. I will advise my client that I reserve the right to determine whether to grantaccommodations to opposing counsel in all matters that do not adversely affect myclient's lawful objectives. A client has no right to instruct me to refuse reasonablerequests made by other counsel.

11. I will advise my client regarding the availability of mediation, arbitration, and otheralternative methods of resolving and setting disputes.

Lawyer to Lawyer

A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit oflitigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutualunderstandings. Ill feelings between clients shall not influence a lawyer's conduct, attitude, ordemeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct inretaliation against other unprofessional conduct.

1. I will be courteous, civil, and prompt in oral and written communications.

2. I will not quarrel over matters of form or style, but I will concentrate on matters ofsubstance.

3. I will identify for other counsel or parties all changes I have made in documentssubmitted for review.

4. I will attempt to prepare documents which correctly reflect the agreement of theparties. I will not include provisions which have not been agreed upon or omitprovisions which are necessary to reflect the agreement of the parties.

5. I will notify opposing counsel, and, if appropriate, the Court or other persons, assoon as practicable, when hearings, depositions, meetings, conferences or closingsare canceled.

6. I will agree to reasonable requests for extensions of time and for waiver ofprocedural formalities, provided legitimate objectives of my client will not beadversely affected.

7. I will not serve motions or pleadings in any manner that unfairly limits anotherparty's opportunity to respond.

8. I will attempt to resolve by agreement my objections to matters contained inpleadings and discovery requests and responses.

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9. I can disagree without being disagreeable. I recognize that effective representationdoes not require antagonistic or obnoxious behavior. I will neither encourage norknowingly permit my client or anyone under my control to do anything which wouldbe unethical or improper if done by me.

10. I will not, without good cause, attribute bad motives or unethical conduct toopposing counsel nor bring the profession into disrepute by unfounded accusationsof impropriety. I will avoid disparaging personal remarks or acrimony towardsopposing counsel, parties and witnesses. I will not be influenced by any ill feelingbetween clients. I will abstain from any allusion to personal peculiarities oridiosyncrasies of opposing counsel.

11. I will not take advantage, by causing any default or dismissal to be rendered, when Iknow the identity of an opposing counsel, without first inquiring about that counsel'sintention to proceed.

12. I will promptly submit orders to the Court. I will deliver copies to opposing counselbefore or contemporaneously with submission to the Court. I will promptly approvethe form of orders which accurately reflect the substance of the rulings of the Court.

13. I will not attempt to gain an unfair advantage by sending the Court or its staffcorrespondence or copies of correspondence.

14. I will not arbitrarily schedule a deposition, court appearance, or hearing until a good faith effort has been made to schedule it by agreement.

15. I will readily stipulate to undisputed facts in order to avoid needless costs orinconvenience for any party.

16. I will refrain from excessive and abusive discovery.

17. I will comply with all reasonable discovery requests. I will not resist discoveryrequests which are not objectionable. I will not make objections nor give instructionsto a witness for the purpose of delaying or obstructing the discovery process. I willencourage witnesses to respond to all deposition questions which are reasonablyunderstandable. I will neither encourage nor permit my witness to quibble aboutwords where their meaning is reasonably clear.

18. I will not seek Court intervention to obtain discovery which is clearly improper andnot discoverable.

19. I will not seek sanctions or disqualification unless it is necessary for protection of myclient's lawful objectives or is fully justified by the circumstances.

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Lawyer and Judge

Lawyers and judges owe each other respect, diligence, candor, punctuality, and protectionagainst unjust and improper criticism and attack. Lawyers and judges are equally responsible toprotect the dignity and independence of the Court and the profession.

1. I will always recognize that the position of judge is the symbol of both the judicialsystem and the administration of justice. I will refrain from conduct that degradesthis symbol.

2. I will conduct myself in Court in a professional manner and demonstrate my respectfor the Court and the law.

3. I will treat counsel, opposing parties, the Court, and members of the Court staff withcourtesy and civility.

4. I will be punctual.

5. I will not engage in any conduct which offends the dignity and decorum ofproceedings.

6. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts orauthorities to gain an advantage.

7. I will respect the rulings of the Court.

8. I will give the issues in controversy deliberate, impartial and studied analysis andconsideration.

9. I will be considerate of the time constraints and pressures imposed upon the Court,Court staff and counsel in efforts to administer justice and resolve disputes.

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I. Appendix “A”

I AM AWARE THAT PURSUANT TO MY MATTER, THERE WILL

PROBABLY BE INTERROGATORIES (WHICH ARE QUESTIONS THAT MUST BE

ANSWERED) AND REQUEST FOR PRODUCTION SERVED ON ME. I UNDERSTAND

THAT I MUST ANSWER THE QUESTIONS AND PRODUCE THE DOCUMENTS AS

QUICKLY AS POSSIBLE AND WITHIN TWO WEEKS OF MY RECEIPT OF SAID

INTERROGATORIES AND/OR REQUEST FOR PRODUCTION, IF ANY. I

UNDERSTAND THAT THE COURT CAN IMPOSE SERIOUS SANCTIONS AGAINST

ME IF I DO NOT ANSWER THE INTERROGATORIES AND REQUEST FOR

PRODUCTION IN A TIMELY MANNER, WHICH INCLUDES PREVENTING THE

LAW FIRM AND MY ATTORNEY FROM PRESENTING MY CASE TO THE COURT.

BY MY SIGNATURE BELOW, I ACKNOWLEDGE THE IMPORTANCE OF

THIS OBLIGATION AND ACKNOWLEDGE THAT I WILL TIMELY COMPLETE

ANY DISCOVERY PROPOUNDED TO ME.

Signed on this the _____ day of ___________, 2005;

__________________________________________

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APPENDIX K

Date

Ms. Potential Client

Re: Divorce with request for Temporary Orders

Dear Ms. Potential Client:

This letter is in response to your initial visit to our office on (date) requesting representation by this lawfirm in the above matter.

We respectfully decline employment because we cannot devote the time and attention to your case towhich you are entitled.

We wish you well.

Sincerely yours,

_____________________________________________[Name of attorney]

BEXAR COUNTY

PART 3CIVIL DISTRICT COURT RULES (Revised)

APROVED BY THE TEXAS SUPREME COURT IN MAY 2002

1. Introduction

Every trial and pretrial hearing in civil district court is scheduled on one of the following two dockets: (a)the Nonjury Docket, administered by the Presiding Civil Judge, or (b) the Jury Docket, administered by theMonitoring Judge and Jury Assignment Clerk.

2. Allocation of Judges

The thirteen civil district judges rotate monthly as Presiding Civil Judge ["Presiding Judge"]. Each weekthree active judges are assigned to assist the Presiding Judge with the nonjury docket; the Family LawAssociate Judge also assists. The other judges are assigned to try jury cases (and nonjury trials of twodays or more). The judges trying jury cases assist the Presiding Judge with nonjury matters from 8:30 to9:30 and resume their jury trials at 9:30. When the jury docket for the week has been completed, theavailable judges assist the Presiding Judge for the rest of the week.

3. Nonjury Docket (Presiding Civil Court)

A. 8:30 and 9:00 Dockets. The Presiding Court hears all nonjury matters, including pretrial matters incases set for jury trial, with the exception of issues allocated to the Monitoring Judge under Rule 4.Each morning the Presiding Judge calls two dockets —— one at 8:30 and the other at 9:00. The 8:30docket includes discovery hearings, summary judgments, pleading disputes, and other matters thatordinarily do not require witnesses. The 9:00 docket includes nonjury trials on the merits, temporaryorders, injunctions, family law protective orders, special appearances, venue hearings and othermatters that may require significant court time or involve witnesses. An additional docket consisting ofrequests for protective orders by the District Attorney's office is called at 10:00 each Tuesday,Wednesday, and Thursday. The tax docket is heard two times each month on Wednesday at 2:00P.M.

B. Presiding Court Announcements. When each case is called at docket call, parties shallannounce whether they are ready or not ready, whether they want to confer, or whether the matter willbe dropped, reset by agreement, or disposed of by agreed order. Parties are also expected toestimate the amount of court time contested hearings will take. When no announcement is made, thematter will be dropped.

C. Discovery Hearings. When setting a discovery hearing, attorneys and pro se litigants must complywith Rule 191.2, T.R.C.P., which requires a statement that the parties have tried to resolve thediscovery dispute by agreement before resorting to court.

D. Computation of Time. Consistent with rules 4, 21, and 21a, T.R.C.P., the courts will not countSaturdays, Sundays, or legal holidays when calculating any three-day notice period, except when theperiod has been extended because notice was given by mail or facsimile.

4. Jury Docket (Monitoring Court and Jury Assignment Clerk)

A. General. Trials on the merits in all jury cases and in nonjury cases estimated to take two days ormore are scheduled and assigned through the Jury Assignment Clerk. Each week the JuryAssignment Clerk assigns jury trials (and nonjury trials of two days or more) to courts as they becomeopen. Jury cases are set for a specific week. Cases not reached during the week of the setting areautomatically reset for trial during carry-over week —— the last week of the month —— without furthernotice. Each quarter of the year, a different civil district judge serves a rotation as Monitoring Judge.When jury cases require a docket-related decision —— such as motions for continuance, motions forspecial setting, motions for pretrial scheduling order, or motions to designate a case as complex, or

motions to modify or extend a deadline in a scheduling order —— that decision is made by theMonitoring Judge.

B. Procedures. Each week's jury docket is handled in the following manner.

1. Friday. On Friday the Jury Assignment Clerk assigns cases to specific courts for trial,beginning with TDPRS cases, followed by family-law cases and special settings, and workingthrough the docket in numerical order, taking the older cases first. The clerk telephoneslawyers and notifies them which court they are assigned to for trial on Monday.

2. Monday. The cases remaining on the docket after the assignments on Friday are called forannouncements at 8:30 on Monday morning in Monitoring Court. Lawyers are expected toannounce whether they are ready for trial (with the estimated trial time), not ready and filing amotion for continuance, or that the case has been settled. When the Monday morning dockethas been called, the clerk will tell lawyers where their case ranks numerically on the list ofremaining cases. Lawyers handling cases near the bottom of the list will be permitted to returnto their offices to await a call notifying them when a court has become available for their case.Every case will be subject to assignment until Thursday at 11:00 A.M. Cases not reached andassigned to a court by Thursday will automatically be placed on the docket for carry-overweek (the last week of the month) for trial at that time.

3. Tuesday, Wednesday, and Thursday. During the middle of each week, the MonitoringJudge hears motions for continuance, motions to designate cases as complex, motions forspecial setting, and motions for pretrial scheduling order. Settings on these matters areobtained through the Jury Assignment Clerk's office. The court hears a dismissal docket onthe second and fourth Tuesdays of each month.

C. Policies. The Monitoring Judge will adhere to the following policies:

1. Agreed continuances. When a continuance is agreed or unopposed, a motion must bepresented to the Monitoring Court so that if the motion is granted the judge can select a resetdate that is available for additional settings and reasonably acceptable to all lawyers.

2. Special settings. The Monitoring Judge may grant a special setting, which will place thecase at the beginning of a week's docket before the ordinary settings. This decision requires amotion and hearing in Monitoring Court, even if all parties agree.

3. Complex cases. The Monitoring Judge has the discretion to remove a case from the centraldocket for assignment to one judge for all further pretrial matters and trial on the merits. Thisdecision requires a motion and hearing in Monitoring Court, even if all parties agree. If themotion is granted, the Jury Assignment Clerk and the Monitoring Judge will use apredetermined random procedure to determine which judge will preside over the case to itsconclusion.

4. Dismissal docket. Periodically the District Clerk sets older cases for dismissal for want ofprosecution and notifies the parties of the dismissal setting in Monitoring Court. Cases are setfor dismissal on the second and fourth Tuesdays of each month. If no one appears at thehearing to ask that the case be retained on the docket, it will be dismissed. The MonitoringJudge decides which cases to retain on the docket and hears any motions to reinstate casesthat have been previously dismissed for want of prosecution.

5. Scheduling Hearings

A. Non-jury Settings. A party may schedule a nonjury trial or hearing by obtaining a date and timefrom the Presiding Civil Court (210-335-2000), providing the clerk a motion to set and order, andserving a copy of the motion and a conformed copy of the order on all other parties.

B. Jury Settings. A party may schedule a jury trial (or nonjury trial estimated to last two days or more)by obtaining a date and time from the Jury Assignment Clerk (210-335-2520), providing the clerk a

motion to set and an order, and serving a copy of the motion and a conformed copy of the order on allother parties. When a case is set for jury trial, the parties are scheduled for a hearing on the ADRdocket approximately four months before the trial date.

C. Monitoring Court. When cases have been set for jury trial, hearings on motions for continuance,for special setting, for pretrial scheduling order, or to designate a case as complex are set inMonitoring Court by obtaining a date and time from the Jury Assignment Clerk and giving notice to allother parties.

6. Ex Parte Requests

A. General. Every request for relief from a civil district court must be presented to the Presiding Court,with the exception of uncontested matters (Subsection B) and requests for family-law restrainingorders (Subsection C).

B. Uncontested Matters. The following matters are considered to be uncontested and may thereforebe presented to any available district judge: default, agreed, and waiver divorces; agreed orders; no-answer default judgments; nonsuits; friendly suits; annulments; requests for occupational driverslicenses; orders for alternate service of citation; adoptions; and requests for change of name.

C. Temporary Restraining Orders. Requests for temporary restraining orders in family-law casesmay be presented to any available district judge. In all other cases, requests for temporary restrainingorders must be presented to the Presiding Court for decision or for assignment to another judge. Theattorney making the request shall state in writing that: (1) to the best of his knowledge the respondentis not represented by counsel, (2) he has tried and has been unable to contact opposing counselabout the application, (3) opposing counsel has been notified of the application and does not wish tobe heard, or (4) notifying the respondent or his counsel would cause irreparable harm to the movant.

D. Other Extraordinary Relief. Other requests for extraordinary relief, such as requests for writs ofhabeas corpus, sequestration, attachment, and garnishment, and requests for family law protectiveorders, must be presented to the Presiding Judge for decision or assignment to another judge. Whenany judge has denied such a request, the matter may not be presented to a different judge withoutassignment by the Presiding Court.

7. Conflicting Setting

When attorneys have conflicting court settings, they should try to resolve the conflict by agreement withopposing counsel and the courts involved. If agreement cannot be reached, counsel should ask the judgesof the conflicting courts or their staffs to confer and seek resolution. Judges will ordinarily, in the exerciseof their discretion, give preference to federal settings, criminal settings, special settings, and older settings.When attorneys have settings in more than one court in Bexar County, they should inform each court oftheir other settings and how they may be contacted. When one court setting unreasonably delays theothers, the opposing attorneys may inform the courts of the delay and seek assistance.

8. Post-Trial Hearings

A. Contested Trials and Hearings. With the exception of post-judgment discovery and enforcementproceedings and family-law motions to modify or clarify a final order, after a contested trial on themerits all motions must be scheduled with and heard by the judge who presided over the trial. Motionsto enter a judgment, order, or decree should be scheduled directly with the judge who made the rulingat issue.

B. Default Judgments. Motions to set aside or modify no-answer default judgments must be setbefore the Presiding Court in the same manner as other non-jury matters. Motions to set aside ormodify post-answer default judgments (e.g., after failure to appear for trial or after the granting ofsanctions) must be set before the judge who granted the judgment.

9. ADR Docket

A. ADR Hearing. Each month one judge will be responsible for deciding whether cases should bereferred for alternate dispute resolution. All jury cases will be scheduled for an ADR hearingapproximately four months before trial. At the ADR hearing it will be presumed that mediation shouldbe ordered, but the ADR judge may decide that mediation would not be appropriate in a particularcase. In most cases the court will order mediation and appoint a mediator. If no one appears at theADR docket, and a written agreement has not been presented, the court will order mediation andselect a mediator at random from a list of qualified mediators.

B. Mediation Agreements. The court will honor agreements that choose a particular mediator.Agreements must state the mediator's name, how the fee will be split, and the deadline for mediation,and must contain a provision authorizing sanctions for noncompliance.

10. Vacations and Other Unavailability

A. Notice. Attorneys who plan to take a vacation, or who know that they will be unavailable forhearings, and who wish to prevent the scheduling of hearings during their absence must give writtennotice to the Presiding Court and to the attorneys-in-charge for other parties in the cases affected atleast two weeks before the vacation or period of unavailability will begin. The notification letter mustprovide an address, telephone number, and telecopier number for service of notice, and in family-lawcases must designate alternate counsel in the event an emergency arises during the vacation orperiod of unavailability.

B. Existing Settings. Existing settings will not be dropped, postponed, or rescheduled solely on thebasis of a vacation or unavailability letter. Attorneys who desire to take a vacation or otherwise beunavailable must reschedule existing hearings by agreed order or by motion for continuance andruling from the Presiding Court.

11. Applicability

These rules supersede and replace Part 3 (Civil District Court Rules) of the Rules of Practice, Procedureand Administration in the District Courts of Bexar County (April 1991).

Comments

The following comments are meant to provide additional details and to explain some of the reasons andpractical realities underlying these rules.

Rule 3.

8:30 Docket. The 8:30 docket was created in the 1980's to serve three purposes: (1) it clears out shortermatters early in the morning before the general docket is called at 9:00; (2) it gives the Presiding Court theearly-morning assistance of the judges who are trying jury cases; and (3) it helps minimize conflicts forlawyers who have pretrial hearings but are in trial elsewhere in the courthouse by releasing them fromtheir jury cases until 9:30.

Computation of Time. Under rules 4, 21, and 21a, weekends and holidays are not counted whencalculating three-day notice periods and therefore notice must be given by Wednesday for a motionhearing on Monday. Three days are added to the notice periods when notice is given by fax or mail.

It is helpful to understand how the Presiding Judge will interpret the common announcements at docketcall and what action the judge will take:

No announcement by other side. If the opposing party does not answer, the judge will call you to thebench after the docket has been called and will review the file to confirm notice and to discuss with you therelief to be granted. In certain situations, the judge may ask you to telephone the other lawyer and find outwhy he or she did not come to court. This practice helps avoid time-consuming motions for rehearing.

Ready. If you have already conferred with opposing counsel, the matter cannot be resolved by agreement,and you need a hearing, you should announce ready.

Not ready. This means you have conferred, you are not ready, and you want to postpone the hearing.Presumably, the other side will not agree to a continuance; otherwise the setting would be dropped orreset by agreement.

Conferring. Frequently you will want to talk with opposing counsel in the hall or a conference room, butyou want to keep your setting and be assigned to a court in the event you cannot reach an agreement.Judges want lawyers to confer because many disputes can be resolved when the lawyers talk face-to-face. Frequently, in family-law cases there has been no opportunity to talk. The suit has just been filed,and the petitioner does not know whether the respondent will appear, or whether he has retained anattorney or is pro se. In such cases the judge will want both sides to confer, at least briefly. After you haveconferred, if there is no agreement and you need a ruling, you should return to court and give yourannouncement and time estimate to the clerk or the judge. If you are still conferring at 11:00 A.M., youmust report this to the clerk so the case will be kept on the docket while you continue to confer.

Dropped settings. In many cases you have not been able to serve or notify the other side, or you haveyour opponent's agreement to drop the setting and try to work things out informally, or perhaps you andyour opponent have resolved your matter by agreement but do not intend to have a written order signed.In these situations you should ask that the setting be dropped. You have no right to drop a setting overyour opponent's objection, even when it is your setting.

Agreed resets. This means you and opposing counsel both want the matter reset. If you are ready andhave conferred but cannot agree to the other side's request for a reset, you should announce ready and letyour opponent seek a continuance.

Agreed orders. When the issues set for hearing have been settled, a written agreed order should besubmitted later. Be sure to state whether you need to present proof (e.g., in divorce settlements) or makea record pursuant to Rule 11, T.R.C.P.

Time estimates. Attorneys are expected to make realistic estimates of the time they think will be neededfor the entire hearing.

Rule 4.

Limits on weekly settings. Years of experience with this system have proven that no week should beoverloaded with jury settings because if too many cases are set at one time the courts will not be able totry all of them. If this were allowed to happen, the system would lose the predictability that is one of itsmain strengths. For this reason, the Jury Assignment Clerk sets limits on the number of weekly jurysettings. Most of the time, each case is reached and disposed of during the week of the initial setting. Anyremaining cases are invariably reached and tried during carry-over week.

Longer nonjury cases are removed from the Presiding Court docket and assigned with the jury casesbecause the Presiding Court cannot afford to devote any of its three assisting judges or the Family LawMaster to a long case.

Carry-over week is an important part of the system because it adds certainty to the trial settings earlier inthe month: Lawyers and litigants know that any cases not reached earlier in the month will be tried duringthe last week of the month, and this knowledge promotes settlement.

Special settings are given only when there are several out-of-town witnesses or parties, or when thelitigants and witnesses have significant scheduling problems. In addition, they are sometimes granted incases that will require two weeks or more to try. Within one week after a case has been given a specialsetting, the attorneys are expected to submit an agreed pretrial scheduling order or, if agreement is notreached, to set the matter for hearing.

Complex Cases. The central docket is not designed to handle those rare cases which are verycomplicated and require repeated pretrial hearings. In such cases, the central docket can produceinconsistent rulings, as lawyers constantly have to "reinvent the wheel" with each new judge who isassigned a hearing.

Rule 5.

The order that sets the matter for trial or other hearing may consist of a short order at the end of themotion.

Rule 6.

Temporary Restraining Orders. When relying on rule 6(c)(2), the applicant should describe withreasonable particularity the unsccessful efforts to contact opposing counsel.

Administrative Offices. The administrative offices of the Civil District Courts may be contacted asfollows: Presiding Civil Court: 210-335-2000; Jury Assignment Clerk: 210-335-2520; ADR Coordinator:210-335-3930

IN THE SUPREME COURT OF TEXAS

Misc. Docket No. 0% 9:m7

ORDER APPROVING LOCAL RULES OF THEFAMILY DISTRICT COURTS OF FORT BEND COUNTY

ORDERED that:

Pursuant to Rule 3a of the Texas Rules of Civil Procedure, the following Local Rules of theFamily District Courts of Fort Bend County, Texas, are approved. This approval is temporarypending further orders of the Court.

BY THE COURT, IN CHAMBERS, this

Nathan L. Hecht, Justice

7 2 /LzcfLdCraig T. Enoch, J&tice ’

Page 1 of 2

Priscilla R. Owen, Justice

Debora\PuC. Hankinson, Justice

.tiBHakriet O’Neill, Justice

G

Alberto k. Gonzales, Justicd

Misc. Docket No. OO-6&yy

Page 2 of 2

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RULES OF THE 328TH AND 387TH DISTRICT COURTS

OF FORT BEND COUNTY, TEXAS

(Amended effective _______________ , 2000)

RULE 1. OBJECTIVE

1.1 Purpose of the Rules. Obtaining a fair, just and impartial adjudication of the rights of the parties and the children is the purpose of these rules. These rules encourage using alternate dispute resolution in all appropriate cases.

1.2 The rules shall apply equally to attorneys, parties and parties appearing

pro se. RULE 2. TRANSFER OF CASES

2.1 Transfer. Continuing, Exclusive Jurisdiction. All provisions of the Texas Family Code (“TFC”) regarding continuing, exclusive jurisdiction and transfer shall take priority over these rules, provided that all such cases ending in an odd cause number shall be heard in the 387th District Court, except that all cases filed by the Texas Department of Protective and Regulatory Services shall be heard in the 328th District Court, per General Transfer Order signed August 27, 1999. All such cases ending in an even number shall be heard in the 328th District Court.

2.2 Multiple Suits. Subject to paragraph 2.1, when a suit is filed in the 328th or the 387th District Court of Fort Bend County (referred to as Family District courts) and is in any way terminated (by non-suit or otherwise), a subsequent suit or cause of action involving substantially the same parties or the same subject matter shall be filed in, or transferred to, the court that first had jurisdiction of the parties or subject matter. This rule applies to all controversies, including divorce, support, conservatorship and all matters incident to them, whether sought by original proceedings or by modification, clarification or enforcement of a former order, judgement or settlement agreement. When such a situation is disclosed for the first time after the hearing begins, the judge of the court shall immediately order the suit transferred to the court in which the prior suit was filed.

2.3 Enforcement of Consent Decree or Contract. Subject to paragraph 2.1 any

action for the enforcement of a consent decree or contract arising out of or in conjunction with any action previously filed in any of the family District Courts shall be filed in the same court.

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2.4 Consolidation. A motion to consolidate cases shall be heard in the court

where the lowest numbered case is pending. If the motion is granted, the consolidated case will be given the number of the lowest numbered case and assigned to the appropriate court.

2.5 Severance. If a severance is granted, the new case remains assigned to the

court where the original case is pending, bearing the same file date and the same number as the original case with a letter suffix.

2.6 Presiding for Another. In all cases where a judge signs an order on behalf

of another court, the case shall remain in the original court. 2.7 Improper Court. If a case is improperly placed on the docket of one

Family District Court, the judge of that court shall transfer the case to the proper court.

RULE 3. FLOW OF CASES

3.1 Appearance of Counsel. Any attorney representing a party or pro se party in a case shall file an appropriate initial pleading with the court, be it a Petition, Answer, Notice of Appearance as Attorney of Record, or Motion and Order for Substitution of Counsel and promptly furnish a true copy thereof to opposing attorney or pro se party, as applicable. The pleading shall contain all information required under the Texas Rules of Civil Procedure (“T.R.C.P.”) Rule 57.

3.2. Docket Call Procedures.

3.2.1 Attorneys who will be late for court must give the court and opposing side notice of their estimated time of arrival at court and the reason for the delay. If the attorney is late because he or she must appear in another court at the same time, the clerk must be notified not only that the attorney will be late (as above) but also the specific court(s) in which the attorney will be appearing.

3.2.2 If an attorney does not appear in the courtroom within thirty (30) minutes of docket call, that party’s motion may be ruled upon by the court and/or sanctions issued consistent with the Texas Rules of Civil Procedure, at the request of the opponent.

3.3 Telephone conferences. Use of telephone hearings between judges or

associate judges and all attorneys in a case is encouraged for non-evidentiary matters. Telephone hearings shall be scheduled through the court coordinator.

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3.4 Interview of Child/Child’s Testimony. In all cases in which the court deems testimony of a child to be necessary or required by statute, the attorney wishing to have the child interviewed shall arrange a specific time through the court coordinator for the court to interview the child. No party is to bring a child to the courthouse to testify without prior arrangement pursuant to this rule, unless the child’s attendance is required by court order including a writ of habeas corpus or attachment. The attorney who is responsible for the child’s attendance at court shall immediately notify the court coordinator of the child’s presence in the courthouse. The child shall not be brought into the courtroom without the express consent of the judge or associate judge.

3.5 Scheduling Orders. It shall be the duty of an attorney or pro se party

entering a pending case to ascertain from the court whether a Scheduling Order has issued and if so, to obtain a copy of the Scheduling Order from the District Clerk’s office. Notwithstanding the foregoing, it shall also be the duty of the Petitioner or Movant in a pending case in which a Scheduling Order has been issued to provide a copy of the Scheduling Order to each party who has made or makes a general appearance in the pending case.

3.6 Trials.

3.6.1 Manner of Setting. Cases shall be set for trial by order of the court.

3.6.2 Date of Setting. Cases shall be set for trial for a date certain. If a case is not assigned to trial by the Friday after the date it was set, whether because of a continuance or because it was not reached, the court shall reset the case to a date certain. Unless all parties agree otherwise, the first setting must comply with all requisites of T.R.C.P. Rule 245.

3.6.3 Assignment to Trial. A case is assigned to trial when counsel is called to the court to commence the jury or non-jury trial on the merits. For the purposes of engaged counsel, no court may have more than two cases assigned to trial at any one time.

3.6.4 Continuances. Continuances shall be governed by T.R.C.P. Rules 251 through 254.

3.7 Decrees, Judgments and Orders. All judgments and orders must be

submitted to the court for signing within 14 days of the rendition date, unless otherwise directed by the court. The party who is directed to prepare the judgment or order shall furnish all opposing parties with a copy of the proposed judgment or order at least five (5) days prior to entry date. All judgments or orders in uncontested matters (except for

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settlements made pursuant to (T.R.C.P. Rule 11) and in default matters (where citation has been served and there has been no answer filed or other general appearance) must be presented at the time of hearing. All forms required by governmental entities shall be submitted, along with orders for withholding, QDROs and the like, as appropriate.

3.8 Parent Education. All parties required by paragraph 11.1 herein to attend

a parent education course shall file with the court a certificate verifying the party’s attendance at such course. The certificates shall be filed no later than the date the case is set for final hearing.

RULE 4. DISCLOSURE OF PROPERTY AND FINANCIAL INFORMATION

4.1 Temporary Orders. In any hearing for temporary orders in which child support or spousal support is an issue, completion and exchange of Financial Information Statements, copies of income tax returns for the past two years, and the three most recent payroll stubs shall be exchanged prior to the commencement of the hearing. This rule providing for the exchange of information shall constitute a discovery request and failure to comply with this rule may be grounds for sanctions, as provided by T.R.C.P. Rule 215.

4.2 Final Information. A party's final Inventory, Financial Information

Statement and financial information required under the Family Code (including, but not limited to, the party's income tax returns for the past two years and the party's three most recent payroll stubs), as well as suggested findings regarding child support and a proposed division of property shall be exchanged no later than ten (10) days before trial, and shall be filed with the court at the commencement of trial. If children are involved in the proceeding, the inventory shall contain sufficient information so the court may render a qualified medical child support order regarding health insurance for the children. This rule providing for the exchange of information shall constitute a discovery request and failure to comply with this rule may be grounds for sanctions.

4.3 Inventory. Each inventory shall list each item of property and its value, and shall also list each liability, together with the amount of the liability, the number of periodic payments in arrears, if any, the property securing its payment, and the name of the creditor. Any property or liability shall likewise be characterized as separate or community. All beneficial interests in insurance and all benefits arising from a party's employment (such as pensions, profit sharing plans, savings or thrift plans, whether vested or non-vested) shall be identified. Each party shall incorporate as an exhibit to the inventory the last information furnished to the employee about to the employee’s rights and monetary interest in the retirement and

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savings plans. Each party shall also furnish sufficient information so the court may render a qualified domestic relations order, if applicable. The inventory shall list and total, in columnar format, the property values and liabilities. Each inventory shall show the net worth of the community estate.

RULE 5. REQUIREMENTS FOR CERTAIN DOCUMENTS

5.1 Certificate of Conference.

5.1.1 Unopposed motions shall be labeled "Unopposed" in the caption.

5.1.2 Opposed motions shall contain a certificate that:

1) states that the movant and respondent have conferred with each other and in good faith have attempted to resolve the matter and

2) identifies the basis of disagreement between counsel; or

3) states that the parties have not been able to confer, and states in detail all efforts made to confer, including dates and methods of attempted communication.

5.1.3 The provisions of subparagraph 5.1.2 do not apply to motions for summary judgment, default judgments, motions for voluntary dismissal or non-suit, and motions involving service of citation.

5.2 Orders, Judgments and Decrees.

5.2.1 All Orders, including Decrees or Judgments, shall be submitted to the opposing attorney or pro se party for approval at least as to form, prior to filing with the court. 5.2.2 Orders based upon agreement of the parties shall also be submitted to the parties for approval as to substance.

RULE 6. REFERRAL TO ASSOCIATE JUDGE

6.1 Referral. All pending cases and cases filed after the date of the adoption of these rules are hereby referred to the associate judge of each court pursuant to T. F. C. section 201.006, subject to limitations imposed by chapter 201.

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6.2 Order of Referral. This Rule shall constitute the Order of Referral required by TFC section 201.006(a)(2), to any pending or future cases under Title 1, 2, 4, or 5.

RULE 7. ALTERNATE DISPUTE RESOLUTION

7.1 Temporary Hearings. In cases involving disputed custody or visitation issues, the court shall make referrals for mediation to the Dispute Resolution Center or private mediators, or as agreed upon by the parties and attorneys. Additional issues may be mediated by agreement of the parties and attorneys. Attorneys of record may attend all mediations. Except for good cause shown, no temporary hearings involving disputed custody or visitation issues will be conducted until the issues have been mediated.

7.2 Final Trial. Except for good cause shown, all cases shall be submitted for

alternate dispute resolution procedures before trial, as provided in paragraph 7.1.

7.3 Settlement Weeks. Referral of appropriate cases to alternate

dispute resolution procedures shall also be made at one or more settlement weeks each year, as provided by law.

RULE 8. CONFLICTING ENGAGEMENTS

8.1 Inter-County. The Rules of the Second Administrative Judicial Region control conflicts in settings of all cases between a Fort Bend County court and a non-Fort Bend County court.

8.2 Intra-County. Among the trial courts sitting in Fort Bend County:

8.2.1 Trial/Trial. An assigned trial setting takes precedence over a conflicting trial setting not yet assigned;

8.2.2 Trial/Non-Trial. An assigned trial setting takes precedence

over conflicting non-trial settings, except as to a court-ordered mediation that is scheduled prior to the assignment to trial;

8.2.3 Non-Trial/Pre-Trial Intra-Court. The matter which was first filed, regardless of cause number, shall take precedence over subsequently filed non-trial settings, non-court-ordered alternate dispute resolution and non-court-ordered depositions.

8.3 Judge or Associate judge. This rule is applicable whether the matter is assigned to the judge or the associate judge of a court.

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8.4 Waiver. The court lacking priority shall yield.

8.5 Lead Counsel. This rule operates only where lead counsel, as

defined by T.R.C.P. Rule 8, is affected, unless the court expands coverage to other counsel.

8.6 Engaged Counsel. Counsel is deemed engaged and unavailable for trial if

he or she is participating in the actual trial or hearing of another case or in court-ordered alternate dispute resolution or court-ordered deposition.

8.7 Reporting of Conflicting Engagements. It is the duty of an attorney to

report promptly to the court immediately upon learning of a conflicting engagement that might preclude that attorney’s availability. Failure to do so may result in sanctions.

RULE 9. VACATIONS OF ATTORNEYS

9.1 General Rule. Subject to the provisions of paragraph 9.2 of this rule, an attorney may designate not more than four weeks of vacation during a calendar year, during which time that attorney will not be assigned to trial or required to engage in any pretrial proceedings. This rule operates only where lead counsel, as defined by T.R.C.P. Rule 8, is affected, unless the court expands coverage to other counsel. The vacation designation shall be honored only if it is filed in writing with the District Clerk, and is accompanied by the attorney's designation of at least one attorney who has consented to act for the vacationing attorney. The designated attorney shall be called upon to act only if the client consents to the designated attorney's representation, and then only if the court requests the designated attorney's participation due to an emergency.

9.2 Time for Designation. Written designation for vacation weeks during June, July, or August must be filed with the District Clerk by May 15 of that year. Written designation for vacation weeks in months other than June, July, or August must be filed with the District Clerk at least 60 days in advance. Designated vacation weeks protect the attorney from trials or pretrial proceedings during those weeks, unless a setting order was signed and the case was assigned to trial before the vacation designation was filed.

RULE 10. UNIFORMITY

10.1 Letters and Orders. In managing their dockets under T.R.C.P. Rules 165a and 166, Family Trial Division judges shall endeavor to use form letters and orders approved by the district judges of Fort Bend County.

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10.2 Policies and Procedures. The district judges of Fort Bend County shall establish common policies and procedures on pertinent court business. Such policies and procedures shall be made available through the district clerk. Each court may additionally establish policies and procedures particular to that court.

RULE 11. PARENT EDUCATION COURSE

11.1 Except for good cause shown, all parents or other individuals requesting appointment as a conservator are required to attend a parent education course, whether the suit is an original suit or a modification.

RULE 12. APPLICABILITY

12.1 Effective Date. These rules shall become effective on __________________ , 2000 or upon their approval by the Texas Supreme Court pursuant to T.R.C.P. 3a, whichever comes later.

12.2 Cross-Reference. Any reference in these rules to a statute or a court rule

shall also apply to any successor statute or court rule, whether recodification, revision or amendment.

12.3 Applicability. These rules are applicable to both jury and non-jury cases.

The foregoing are hereby Ordered and Adopted as the Rules of the 328th and 387th Judicial District Courts of Fort Bend County, Texas, and the District Clerk is hereby directed to record a copy of this order in the minutes of each of said Courts.

====================================================== Signed this ______ day of __________________, 2000. _________________________________ Thomas O. Stansbury Judge 328th District Court _________________________________ Robert J. Kern Judge 387th District Court

RULES OF THE JUDICIAL DISTRICT COURTSOF HARRIS COUNTY, TEXAS

FAMILY TRIAL DIVISION(Amended effective October 31,2003)

RULE 1. OBJECTIVE

1.1 Purpose of the Rules. Obtaining a just, fair, and impartial adjudication of theparties' and the children's rights is the purpose of these rules. To achieve this goalefficiently and inexpensively, while complying with procedural rules and substantivelaw, these rules encourage using alternate dispute resolution in all appropriate cases.

RULE 2. TRANSFER OF CASES

2.1 Multiple Suits. When a suit filed in a Family Trial Division court is in any wayterminated (by non-suit or otherwise), a subsequent suit or cause of action involvingthe same parties or the same subject matter shall be filed in, or transferred to, the courtthat first had jurisdiction of the parties or subject matter. This rule applies to allcontroversies, including divorce, support, conservatorship, and all matters incident tothem, whether sought by original proceedings or by modification, clarification orenforcement of a former order, judgment or settlement agreement. When such asituation is disclosed for the first time after the hearing begins, the judge of the courtshall immediately order the suit transferred to the court in which the prior suit wasfiled.

2.2 Enforcement of Consent Decree or Contract. In accordance with GeneralAssignment Order of September 1, 1977, any action for the enforcement of a consentdecree or contract arising out of or in conjunction with any action previously filed inany of the courts of the Family Trial Division shall be filed in the same court,

2.3 Transfer.

2.3.1 Continuing, Exclusive Jurisdiction. All provisions of the Texas FamilyCode ("Tex. Fam. Code") regarding continuing, exclusive jurisdiction andtransfer shall take precedence over these rules.

2.3.2 Later Filed Case. If a case is filed in which there is a substantial identityof parties or subject matter as in a previously non-suited or dismissed case, thelater case shall be assigned to the court where the prior case was pending.When such a situation is disclosed for the first time after the hearing begins,the judge of the court shall immediately order the suit transferred to the courtin which the prior suit was pending.

2.4 Consolidation. A motion to consolidate cases shall be heard in the court where thelowest numbered case is pending. If the motion is granted, the consolidated case willbe given the number of the lowest numbered case and assigned to that court.

2.5 Severance. If a severance is granted, the new case remains assigned to the courtwhere the original case is pending, bearing the same file date and the same number asthe original case with a letter designation; provided, however, that when a severedcase has previously been consolidated from another court, the case shall uponseverance be assigned to the court from which it was consolidated.

2.6 Presiding for Another. In all cases where a judge signs an order on behalf ofanother court, the case shall remain in the original court.

2.7 Improper Court. If a case is on the docket of a court by any manner other than asprescribed by these rules, the Administrative Judge of the Family Trial Division shalltransfer the case to the proper court.

RULE 3. FLOW OF CASES

3.1 Appearances of Counsel. Any attorney representing a party in a case shall file anappropriate initial pleading with the court, be it a Petition, Answer, Notice ofAppearance as Attorney of Record, or Motion and Order for Substitution of Counsel.The pleading shall contain all information required under Rule 57 of the Texas Rulesof Civil Procedure (““T.R.C.P””).

3.2 Ancillary Matters

3.2.1 Ancillary Docket. The ancillary docket consists of:

1.) Temporary injunctions;

2.) Temporary orders in original proceedings;

3.) Writs of habeas corpus;

4.) Motions for enforcement including contempts, except those brought under

Title 5, Subtitle D, Chapter 231, Tex. Fam. Code;

5) Temporary receiverships;

6) Motions to transfer;

7) In the discretion of the court, as may be limited by the Tex. Pam. Code, hearingsfor temporary orders in suits for modification of a final order; and

8) All matters preliminary to trial on the merits.

3.2.2 Preference for ADR. In the discretion of the court, preference in setting hearingsshall be given to matters in which the parties have participated in alternate disputeresolution procedures.

3.3 Docket Call Procedures.

3.3.1 Attorneys and pro se litigants who do not expect to be on time or presentin the courtroom during docket call must notify the court and the opposing sideof this fact.

3.3.2 Attorneys and pro se parties who will be late for docket call must give thecourt and opposing side notice of their estimated time of arrival at court andthe reason for the delay. If the attorney is late because he or she must appearin another court at the same time, the clerk must be notified not only that theattorney will be late (as above), but also the specific court(s) in which theattorney will be appearing.

3.3.3 If the moving party (if pro se) or the party's attorney does not appear in thecourtroom within thirty (30) minutes of docket call, that party's motion may be passedby the court at the request of the responding party .

3.4 Telephone Conferences. Use of telephone conferences between judges or associatejudges and all attorneys in a case is encouraged for non-evidentiary matters.Telephone conferences shall be scheduled through the court coordinator.

3.5 Interview of Child / Child's Testimony. In all cases in which the court deemstestimony of a child to be necessary or required by statute, the attorney wishing tohave the child interviewed shall arrange a specific time through the court coordinatorfor the court to interview the child. No party is to bring a child to the courthouse totestify without prior arrangement pursuant to this rule, unless the child's attendanceis required by court order including a writ of habeas corpus or attachment. Theattorney or pro se party who is responsible for the child's attendance at court shallimmediately notify the court coordinator of the child's presence in the courthouse. Thechild shall not be brought into the courtroom without the express consent of the judgeor associate judge.

3.6 Scheduling Orders. It shall be the duty of an attorney or pro se party entering apending case to ascertain from the court whether a Scheduling Order has issued andif so, to obtain a copy of the Scheduling Order from the District Clerk's office.Notwithstanding the foregoing, it shall also be the duty of the Petitioner or Movant'sattorney of record in a pending case in which a Scheduling Order has issued to providea copy of the Scheduling Order to any pro se party who has made or makes a generalappearance in the pending case.

3.7 Trials.

3.7.1 Manner of Setting. Cases shall be set for trial by order of the court.

3.7.2 Date of. Setting. Cases shall be set for trial for a date certain. If a case is notassigned to trial by the second Friday after the date it was set, whether because of a

continuance or because it was not reached, the court shall reset the case to a datecertain. Unless all parties agree otherwise, the setting must comply with allrequisites of T.R.C.P, 245.

3.7.3 Preference for ADR. In the discretion of the court, preference in settingcases for trial shall be given to matters in which the parties have participatedin alternate dispute resolution procedures.

3.7.4 Assignment to Trial. A case is assigned to trial when counsel are calledto the court to commence the jury or non-jury trial on the merits. For thepurposes of engaged counsel, no court may have more than two cases assignedto trial at any one time, one before the judge and one before the associatejudge.

3.7.5 Open Weeks. Except with the consent of all parties, and the court, nocases will be assigned to trial on the merits nor for ancillary hearings during:

1) The week of the Second Administrative Judicial Region Conference (March);

2) The week of the State Bar Convention (June);

3) The week of the State Bar of Texas Advanced Family Law Course (August);

4) The week of the Conference of the Judicial Section (September); and

5) The last two weeks of December.

3.7.6 Continuances. Continuances shall be governed by T.R.C.P. 251 through254.

3.8 Judgements and Orders. All judgments and orders must be submitted to the courtfor signing within ten (10) days from the date of rendition, unless otherwise directedby the court. The party who is directed to prepare the judgment or order shall furnishall opposing parties with a copy of the proposed judgment or order at least five (5)days prior to entry date. All judgments and orders submitted for entry must be signedby the judge within seven (7) working days from the date that the judgments or ordersare submitted for entry, unless the judgment or order is rejected by the court. Alljudgments or orders in uncontested matters (except for settlements made pursuant toT.R.C.P. 11) and in default matters (where citation has been served and there has beenno answer filed or other general appearance) must be presented at the time of hearingon the uncontested or default matter. All forms required by governmental entities shallbe submitted at the time the judgment or order is submitted.

RULE 4. DISCLOSURE OF PROPERTY AND FINANCIAL INFORMATION

4.1 Temporary Orders. In any hearing for temporary orders in which child support orspousal support is an issue, completion and exchange of Financial InformationStatements, copies of income tax returns for the past two years, and the two mostrecent payroll stubs are required

prior to the commencement of the hearing. This rule providing for the exchange ofinformation shall constitute a discovery request under the T.R.C.P., and failure tocomply with this rule may be grounds for sanctions, as provided by Rule 215 of theT.R.C.P. Sanctions shall not issue if the judge or associate judge determines that thefailure to comply was not willful.

4.2 Final Information. A party's final Inventory, Financial InformationStatement and financial information required under the Tex. Fam. Codeincluding, but not limited to, the party's income tax returns for the pasttwo years and the party's two most recent payroll stubs, as well as suggested findingsregarding child support and a proposed division of property shall be exchanged nolater than ten (10) days before trial, and shall be filed before the commencement oftrial. If children areinvolved in the proceeding, the inventory shall contain sufficient information so thecourt may render a qualified medical child support order regarding health insurancefor the children. This rule providing for the exchange of information shall constitutea discovery request under the T.R.C.P., and failure to comply with this rule may be groundsfor sanctions.

4.3 Inventory. Each inventory shall list each item of property and its value, and shallalso list each liability, together with the amount of the liability, the number of periodicpayments in arrears, if any, the property securing its payment, and the name of thecreditor. Any property or liability claimed to be separate property shall be socharacterized. All beneficial interests in insurance and all benefits arising from aparty's employment (such as pensions, profit sharing plans, savings or thrift plans,whether vested or non-vested) shall be identified. Each party shall incorporate as anexhibit to the inventory the last information furnished about to the employee’’s rightsand monetary interest in the retirement and savings plans. Each party shall also furnishsufficient information so the court may render a qualified domestic relations order, ifapplicable. A summary attached to the inventory shall list and total, in columnarformat, the property values and liabilities. Each inventory shall show the net worth ofthe community estate and the net worth of any claimed separate estate.

4.4 Duty of Disclosure. Without waiting for a discovery request, each party to a suitfor divorce, annulment, or a suit in which child or spousal support is in issue, has aduty of disclosure of certain information to the other party. "Disclosure" includesproviding for inspection and copying the information in the party's "possession,custody or control," as that phrase is defined in Rule 166b(2)(b) of the T.R.C.P..Different types of suits require disclosure of different information.

4.4.1 Disclosure in Suit for Divorce or Annulment. Each party to a suit fordivorce or annulment shall, without waiting for a discovery request, provideto the other party the following information about property in which the partyclaims an interest:

1) all documents pertaining to real estate;

2) all documents pertaining to any pension, retirement, profit-sharing,

or other employee benefit plan, together with the most recent accountstatement for any plan;

3) all documents pertaining to any life, casualty, liability, and healthinsurance;

4) the most recent account statement pertaining to any account locatedwith any financial institution including, but not limited to, banks,savings & loans, credit unions, and brokerage firms.

4.4.2 Disclosure in Suit in which Child or Spousal Support is in Issue. Each party to asuit in which child support or spousal support is in issue shall, without waiting for adiscovery request, provide to the other party the following information:

1) all policies, statements, and description of benefits which reflect any and allmedical and health insurance coverage that is or would be available for thechild or the spouse;

2) Unless the information has previously been exchanged inconnection with a temporary hearing (Rule 4.1), a FinancialInformation Statement for the party, together with that party's previoustwo years income tax returns and two most recent payroll check stubs,or, if no payroll check stubs are available, the party's latest Form MT-2.

4.4.3 Failure to Comply. This rule providing for the duty of disclosure shall constitutea discovery request under T.R.C.P., and failure to comply with this rule (or any of itssubparts) may be grounds for sanctions, as prescribed by Rule 215 of T.R.C.P..

4.4.4 Method of Disclosure.

1) Timing of Disclosure. Disclosure required under this rule shall bemade as follows:

a) by a Petitioner or Movant within 30 days after theRespondent files Respondent’’s first pleading or makes ageneral appearance in the case;

b) by a Respondent within 30 days after he or she filesRespondent's first pleading or makes a general appearance inthe case, whichever occurs first.

2) Delivery of Disclosure. The disclosures required under this rule shall be made byfurnishing the information to the opposing party's attorney of record or, if theopposing party is pro se, by furnishing the disclosures to the opposing party at theparty's address. Each party making a disclosure shall promptly file a notice with thecourt advising that the required disclosure has taken place.

4.4.5 Duty to Supplement. After disclosure is made pursuant to this rule, eachparty shall be under a duty to reasonably supplement or to amend theinformation it the party obtains information on the basis of which he or sheknows that the information disclosed was either incomplete or incorrect whenmade, or is no longer complete or true.

4.4.6 Rule 11. The provisions of this role may be modified by agreement pursuant toRule 11 or T.R.C.P.

RULE 5. REQUIREMENTS FOR CERTAIN DOCUMENTS

5.1 Certificate of Conference.

5.1.1 Unopposed motions shall be labeled "Unopposed" in the caption.

5.1.2 Opposed motions shall contain a certificate that:

1) states that the movant and respondent have conferred with each other andin good faith have attempted to resolve the matter; and

2) identifies the basis of disagreement between counsel; or

3) states that the parties have not been able to confer, and states in detail allefforts made to confer, including dates and methods of attemptedcommunication.

5.1.3 The clerk of each court is directed not to submit opposed motions to thejudge which do not comply with this rule.

5.1.4 The provisions of subparts 5.1.2 and 5.1.3 do not apply to motions forsummary judgment, default judgments, agreed judgments, motions forvoluntary dismissal or non suit, and motions involving service of citation.

RULE 6. REFERRAL TO ASSOCIATE JUDGE

6.1 Referral. All pending cases and cases filed after the date of the adoption of theserules are hereby referred to the associate judge of each court pursuant to Chapter 201,Tex. Fam. Code, subject to limitations imposed by that same chapter.

6.2 Order of Referral. This Rule shall constitute the Order of Referral required by201.006, Tex. Fam. Code, as to any pending or future cases under Title 1, 2, 4, or 5,Tex. Fam. Code.

RULE 7: ALTERNATE DISPUTE RESOLUTION

7.1 Temporary Hearings. In appropriate cases involving disputed custody or visitationissues, the court shall make referrals for mediation to Family Court Services or otherprivate mediators agreed upon by the parties and attorneys. Additional issues may be

mediated by agreement of the parties and attorneys. Attorneys may attend all mediations.

7.2 Final Trial. Except for good cause shown, cases shall be submitted for alternatedispute resolution procedures before trial.

7.3 Settlement Weeks. Referral of appropriate cases to alternate dispute resolutionprocedures shall be made at one or more settlement weeks each year as provided bylaw.

RULE 8. CONFLICTING ENGAGEMENTS

8.1 Inter-County. The Rules of the Second Administrative Judicial Regioncontrol conflicts in settings of all cases between of all cases between a HarrisCounty court and a court not in Harris County.

8.2 Intra-County. Among the trial courts sitting in Harris County:

8.2.1 Trial/Trial. A trial setting not yet assigned takes precedence over aconflicting trial setting not yet assigned;

8.2.2 Trial/Non-Trial. Trial settings take precedence over conflictingnon-trial settings except as to court-ordered mediations which arescheduled prior to the assignment to trial;

8.2.3 Non-Trial/Pre-Trial. The matter which was first filed, regardlessof cause number, shall take precedence over non-trial settings, non-court-ordered alternate dispute resolution and non-court-ordereddepositions.

8.3 Judge or Associate judge. This rule is applicable whether the matter isassigned to the judge or the associate judge of a court.

8.4 Waiver. The court with precedence may yield.

8.5 Lead Counsel. This rule operates only where lead counsel, as defined byT.R.C.P. 8, is affected, unless the court expands coverage to other counsel.

8.6 Engaged Counsel. Counsel is deemed engaged and unavailable for trial if he or sheparticipates in the actual trial or hearing of another case or in court-ordered alternatedispute resolution or court-ordered deposition.

8.7 Reporting of Conflicting Engagements. It is the duty of counsel to report promptlyto the court immediately upon learning of a conflicting engagement that mightpreclude that counsel's availability for trial. Failure to do so may result in sanctions.

RULE 9. VACATIONS OF COUNSEL

9.1 General Rule. Subject to the provisions of 9.2 of this rule, anattorney maydesignate not more than four weeks of vacation during a calendar year as vacation,during which that attorney will not be assigned to trial or required to engage in anypretrial proceedings. This rule operates only where lead counsel, as defined byT.R.C.P. 8, is affected, unless the court expands coverage to other counsel. Thevacation designation shall be honored only if it is made on the vacation letter formapproved by the Board of District judges of the Family Trial Division and isaccompanied by the attorney's designation of at least one attorney who has consentedto act for the vacationing attorney. The designated attorney shall be called upon to actonly if the client consents to the designated attorney's representation, and then onlyif the court requests the designated attorney's participation due to an emergency.

9.2 Time for Designation. Written designation for vacation weeks during June, July,or August must be filed with the District Clerk by May 15. Written designation forvacation weeks in months other than June, July, or August must be filed with theDistrict Clerk by February 1. Designated vacation weeks protect the attorney fromtrials or pretrial proceedings during those weeks, unless an order setting the case fortrial was signed and the case was assigned to trial before the vacation designation wasfiled.

RULE 10. UNIFORMITY

10.1 Letters and Orders. In managing their dockets under T.RC.P. 165a and 166,Family Trial Division judges shall use form letters and orders approved by the Boardof District Judges of the Family Trial Division.

10.2 Policies and Procedures. The Board of District Judges of the Family TrialDivision shall establish common policies and procedures on pertinent court business.If practical, policies and procedures shall be posted outside the entrance of each court.

RULE 11. ADMINISTRATION OF FAMILY TRIAL DIVISION

11.1 Presiding Judge. Each Family Trial Division judge, except the AdministrativeJudge, serves as Presiding Judge for a calendar month in rotation in order of judicialdistrict numbers.

11.2 Administrative Judge of the Family Trial Division.

11.2.1 Term. At their regular May meeting, the Family Trial Division judges shall electthe Administrative Judge of the Family Trial Division for a one-year term beginningTune 1 and ending the next May 31.

11.2.2 Substitute. The Administrative Judge of the Family Trial Division may, bywritten order, designate any other judge of the Division to ad for the AdministrativeJudge if the judge is absent or unable to act. The substitute administrative judge shall

have all the duties and authority granted by these rules to the Administrative Judgeduring the period of the designation.

11.3 Meetings. The Family Trial Division judges shall meet regularly each month attimes and places as the Administrative judge of the Family Trial Division may directby a written notice distributed, except in case of emergency, at least 72 hours inadvance of the meeting.

11.4 Reports to the Administrative Judge. On a monthly basis, the District Clerk shallsupply to the Administrative Judge of the Family Trial Division informationconcerning the number of filings, dispositions, trials and other judicial activities ineach Family Trial Division court.

RULE 12. PARENT EDUCATION AND COUNSELING

12.1 Except for good cause shown, in all divorces joined with suits affecting theparent-child relationship, the court shall require parents to attend an educationalprogram for divorcing parents. In its discretion, the court may also refer parentsinvolved in modification or enforcement litigation, or a child involved in any type ofcustody litigation, to an education course or for counseling. In protective order casesauthorized by Chapter 85, Tex. Fam. Code. the court may refer a party to a batterers'treatment program.

RULE 13. APPLICABILITY

13.1 Effective Date. These rules shall become effective on January 1, 1998, or upontheir approval by the Texas Supreme Court pursuant to T.R.C.P. 3a, whichever comeslater.

13.2 Cross-Reference. Any reference in these rules to a statute or a court rule shall alsoapply to any successor statute or court rule; whether recodification, revision or amendment.

13.3 Applicability. These rules are applicable to bath jury and non-jury cases.

The foregoing are hereby Ordered and Adopted as the Rules of the Judicial DistrictCourts of Harris County, Texas, Family Trial Division, and the District Clerk ishereby directed to record a copy of this order in the minutes of each of said JudicialCourts.

RULE 14 APPLICATION FOR & REFUSAL OF IV-4 CHILD SUPPORT SERVICES

14.1 As provided in Section 14.3, all final divorce and paternity decrees, including anysubsequent modification, that provides for child support paid through the Texas ChildSupport Disbursement Unit and all cases in which the Domestic Relations Office iscurrently appointed Friend of the Court, shall be deemed to include an application forIV-D child support services provided by Harris County and the Office of the AttorneyGeneral of Texas, pursuant to Chapter 231 of the Texas Family Code.

14.2 Unless required to accept IV-D child support services pursuant to other laws, achild support obligee entitled to receive services pursuant to this rule may declineservices by filing a written Refusal of Child Support Services with the District Clerk.Refusal of IV-D child support services pursuant to this rule does not preclude asubsequent written application for services.

14.3 A Family District Court may implement this rule by written notice from thePresiding Judge to the Administrative Family Judge, District Clerk, DomesticRelations Office and the IV-D Agency. The rule is effective in that Court on thethirtieth (30) day following written notice and applies only to final orders signed afterthat date.

05/18/04

LOCAL RULES OF THE DISTRICT COURTS FOR GALVESTON COUNTY, TEXASPurpose

The Local Rules of Galveston County have as their primary purpose the management of the court dockets sensibly, efficiently and mostimportant fairly. Their object is to be an understandable aid to the just disposition of cases without unnecessary delay or expense.

Rule 1General

Rule 1.10 Time Standards for Case Disposition: Pursuant to Article 5, Section 31 of the Texas Constitution, Sections 22.004, 72.002 (2) and 74.024 of the Texas Government Code, Title3 of the Texas Family Code, Rule 6 of the Rules of Judicial Administration, and Rules [1, 3, 4 and 5] of the Regional Rules of JudicialAdministration, time standards have been established to which reference is made for all purposes, as they now exist, or as they may be hereafteramended.

Rule 1.11 Court Sessions; Annual Calendars; Jury Weeks; Non Jury Weeks; Criminal; Civil; Weeks not in Session; Holidays: The Courts shall publish a calendar for each year setting out the civil and criminal jury weeks and the non jury weeks within which theywill be making their settings. The calendar will be published by September 1 of the preceding year and will be followed except when the court inits discretion deems it inappropriate.

Rule 2Local Administrative Judge

Rule 2.10 Powers and Duties of Local Administrative Judge:A. Election of the Administrative Judge.

1. Pursuant to Section 74.091 of the Texas Government Code a majority of the District Judges will elect a Local Administrative District Judge for a two year term at the January meeting in 1993 and at the January meeting of each second year thereafter.2. The Local Administrative District Judge will have all duties and the responsibility for attending to emergency and special

matters of the District Courts pursuant to Rule 9 and 10 (d) Rules of Judicial Administration.

B. Meetings of the Judges of the County.1. The local Administrative District Judge or a majority of the Judges will call meetings of the Judges at least once each month, and as needed.2. The Local Administrative District Judge shall preside over such meetings and in his absence a temporary Chairman may be elected by a majority of the quorum.

Rule 3Civil Cases

Rule 3.10 Filing and Assignment of Cases: Civil suits, except for Family Law Cases, are docketed in the 10th, 56th, 122nd and 212th District Courts. Workers compensation cases,however, are also docketed in County Court Number One, County Court Number Two and the Probate and County Court in rotation with theDistrict Courts. All civil cases filed in the 10th, 56th, 122nd and 212th District Courts shall be assigned randomly to the dockets of those Courts.Once assigned to a Court, a case will remain on the docket of that Court for all purposes unless transferred as hereinafter provided.

Rule 3.12 Transfer of Cases; Docket Exchange; Bench Exchange:A. After assignment to a particular Court a 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 order of the Local Administrative DistrictJudge.

B The Courts may at any time exchange cases and Benches to accommodate their dockets or to specialize the Court’s trials.

C. Prior Judgment. Any claim for relief based upon judgment shall be assigned to the Court of original judgment.

D. Non Suit. If a case is filed in which there is a substantial identity of parties and causes of action as in a non suited case, the later case shall be assigned to the Court where the prior case was pending.

E. Consolidation. A motion to consolidate cases shall be heard in the Court where the lowest numbered case is pending. If the motion is granted, the consolidation case will be given the number of the lowest number case and assigned to that Court.

F. Severance. If a severance is granted, the new case will be assigned to the Court where the original case pends, bearing the same file date and the same number as the original case with a letter designation; provided, however, when a severed case has previously

been consolidated from another Court, the case shall upon severance be assigned to the Court from which it was consolidated.

G. Presiding for another. In all cases where a judge presides for another Court, the case shall remain pending in the original Court. Inany hearing on a motion for contempt, however , the Judge who issued the order which is claimed to have been disobeyed must

preside over the motion for contempt, except as otherwise provided in Sec. 21.002, Tex. Gov. Code. 1

H. Fair Distribution. The Administrative District Judge may transfer cases between Courts in the manner provided above or may assign cases from one Court to another Court for hearing if he finds that a Court has an inequitable burden due to illness, trial schedule, or other sufficient reasons.

I. Improper Court. If a case is on the docket of a Court by any manner other than as prescribed by these rules, the Administrative District Judge shall transfer the case to the proper Court.

Rule 3.13 Request for Settings Non-Jury:A. All requests for the scheduling of appearances for the Court for any purpose will be made by contacting the Court Coordinator who will arrange an appropriate time to appear before the Court.

B. Requests for hearing shall be made to the Court in which the matter is pending, in accordance with these rules, and the attorneys making such request shall serve all other parties with notice of the date and hour set for hearing and of the particular matter which will be considered at such time.

Rule 3.15 Request for Settings-Jury:A. Demand for a trial by Jury shall not be occasion for advancement or substantial delay of the trial or of any other proceeding in the case, nor for transfer of the case to another Court.

B. If the case is already set for non-jury trial when such demand is made, the Court may try the case with a jury on the same setting,add the case to the list of jury cases for the following week, or set it at some other convenient time.

C. All requests for the scheduling of appearances for the Court for any purpose will be made by contacting the Court Coordinator who will arrange an appropriate time to appear before the Court, and the attorneys making such request shall serve notice to all counsel for the date and hour set for hearing and of the particular matter which will be considered at such time.

Rule 3.18 Setting and Assignment of Cases for Trial: Cases shall be set for trial by order of the Court, upon request of a party, on the Court’s own motion or by docket control order. Casesshall be set for trial for a date certain. If a case is not assigned to trial, whether because of a continuance or because it is not reached bythe second Friday after the date it is set, the Court shall reset the case to a date certain. Unless all parties agree otherwise, all settingsmust comply with all requisites of T.R.C.P. 245. A case is assigned to trial when counsel are called to the Court to commence the jury or non jury trial on the merits. For purposes ofof engaged counsel, no Court may have more than one case assigned to trial at any one time.

Rule 3.19 Conflicting Settings and Assignments of Counsel:A. The Rules of Administration of the Administrative Region apply and control.

B. Attorney already in trial in another Court. It is the duty of the attorney to notify the Court through its coordinator when the potential for this situation arises, when and where assigned when it does occur, and the attorney shall have a continuing duty to keep the Court informed when release is anticipated and when it occurs.

C. Attorney assigned to two courts for the same date. (1) It is the duty of an attorney to call the affected Judges’ attention to all dual settings as soon as they are known. (2) Insofar as practicable, Judges should attempt to agree on which case has priority, otherwise, the following priorities shall be observed by the Judges of the respective courts:

a. Criminal and Juvenile cases.b. Cases given preference by statute.c. Preferentially set cases.d. Case set at earliest date.e. Case with earliest filing date.f. Court in multi-judge counties should yield to courts in rural counties in all other instances of conflicting settings.

D. If any lawyer’s caseload becomes a disruption to the orderly flow of a Jury Docket, the Court may limit the number of set cases in which the lawyer can be the attorney in charge and require designation of another attorney in charge for other set cases.

Rule 3.22 Dismissal Docket; Involuntary Dismissals.A. All cases not set for trial or other hearing which have been on file for more than 24 months from the appearance date shall be placed

on the Drop Docket by the District Clerk under the direction of the Court.B. All cases on file more than 12 months in which no answer has been filed shall be placed on the Drop Docket by the District Clerk under the direction of the Court.C. When a case has been placed on the Drop Docket as above provided, the District Clerk shall promptly send a notice of the Court’s

intention to dismiss for want of prosecution. Notice of the Court’s intention to dismiss shall be sent by the Clerk to each attorney of record, and to each party not represented by an attorney and whose address is shown on the docket or in the papers on file, by posting same in the United States Postal Service. A copy of such notice shall be filed with the papers of the cause with notation thereon made by the District Clerk showing the name and address of all counsel of parties to whom notice was mailed and the date of mailing.

D. Unless a written motion to retain has been filed prior to the expiration of thirty days after the mailing by the District Clerk of the notice of intention to dismiss such case shall be dismissed for want of prosecution. Notice of the signing of the Order of Dismissal shall be given as required by Rule 165a T.R.C.P.. Failure to mail notices as set out above shall not effect any of the periods

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mentioned in Rule 306a except as provided in that rule.

E. A motion for reinstatement after dismissal shall follow the procedure and be governed by the provisions of Rule 165a Texas Rules of Civil Procedures relating to reinstatement.

Rule 3.24 Hearings on Pre-Trial, Motions, Exceptions and Pleas:A. Form. Motions 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 page.

B. Submission. Motions shall state a date of submission which shall be at least 10 days from filing, except on leave of Court. The motion will be submitted to the Court for ruling on that date or later.

C. Response. Responses shall be in writing, and shall be filed at least two working days before the date of submission except on leave of the Court. Failure to file a response may be considered a representation of no opposition.

D. Oral argument. The motion or response shall include a request for oral argument if a party views it as necessary. The Court shall grant that request or it may order oral argument on its own motion. A request for an oral argument is not a response under Rule

3.24 (c).

E. Certificate of conference. Opposed motions and responses shall:1. Be in writing.2. Be accompanied by a separate form order granting or denying the relief; and3. Contain a certificate that:

a. Movant and Respondent have conferred with each other and in good faith attempted to resolve the matter; andb. Identify the basis of the disagreement between counsel;c. If no oral hearing has been requested, the Court, in the absence of counsel, shall examine the pleadings, authorities cited, and other papers and make such rulings as the Judge deems proper. Copies of all orders signed pursuant to this paragraph shall be forwarded to all counsel at the time they are entered by the clerk.

F. A specific date or period of time may be assigned as a final date for the filing of motions, exceptions, and dilatory pleas and obtaining a hearing or submission date thereon in those cases deemed appropriate by the Judge.

Rule 3.29 Continuances: A. Trial settings, whether or not made at a Docket control conference, will take into consideration the schedule of all attorneys in charge.

B. An attorney who fails to notify the Court of a known conflict in scheduling at the time the case is set, shall be precluded from seeking a continuance at a later time on the grounds of such conflict.

C. Any known ground for continuance of the trial setting shall be presented to the Court at least 14 days prior to the trial setting or at the pre-trial conference, if any, whichever shall occur first, or shall be waived.

D. Upon granting of a motion for continuance, the order granting such motion for continuance shall contain an order resetting the case for trial.

Rule 3.33 Complex Case Designation: The Court may at any time, in the interest of Justice, determine that the case is complex or recognize the circumstance which, upon itsdeclaration or order, will classify the case as complex and thereafter the Court will invoke such standards as it believes are necessary tosafeguard the rights of litigants to the just processing of the cases, pursuant to Rule 7 (4) of the Rules of Judicial Administration of the SupremeCourt of Texas and Section 22.002, 72.002 and 74.024 c (1) of Gov. Code.

Rule 3.34 Alternate Dispute Resolution. In order to encourage the early settlement of disputes and to carry out the responsibilities of the Courts set out in section 154.003 of theCivil Practice and Remedies Code, appropriate alternative dispute resolution procedures will be encouraged and utilized.

Rule 3.35 Pre-Trial and Scheduling Conferences:A. Pre Trial Procedures

1. Rules 10 (c) of Rules of Judicial Administration and, Rule 166 of the Texas Rules of Civil Procedure dealing with pre-trial procedures are incorporated herein by reference for all purposes and the following civil pre-trial rules and procedures apply to all civil cases.

B. Pre-Trial Conference1. A pre-trial conference may be held at the request of the Court or of any attorney in charge.2. If the pre-trial conference is set at the request of an attorney, it shall be held no later than ten days prior to the date set for trial, unless the Court, on timely request of one or more attorneys in charge, orders otherwise.

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C. Docket control orders and conferences1. Docket control orders may be entered by the Court that are submitted by agreement, made on the Court’s own motion or as a result of a Docket control conference. Such order when entered shall control the subsequent course of action, unless later

modified by the Court. 2. Docket Control orders may be required by the Court, and if so, the attorneys will be expected to submit an Agreed Docket

Control order the terms of which are established in consultation with the Court coordinator concerning dates. 3. A request for a Docket control conference must contain a certificate that a good faith effort was made to reach agreement so that an Agreed Docket Control order could be submitted.

D. Telephone Docket Control conference 1. The Docket control conference may be held by telephone with approval of the Court.

2. An attorney requesting that the Docket control conference be held by telephone shall be responsible for arranging the conference call on the date and time scheduled by the Court Coordinator.

E. Purpose of Docket Control Conference1. The Docket control conference shall be conducted informally, and shall be for the purpose of becoming acquainted with the nature of the case and the issues presented; determining the probable length of time required for trial; fixing deadlines for joinder of additional parties, completion of discovery, or amendment of pleadings, to consider such other matters and make docket control orders as are necessary and proper under the circumstances in regard to handling of the case; and to arrive at firm trial date.

Rule 3.40 Settlements:A. All trial counsel are urged to make a bona fide effort to settle cases at the earliest possible date before trial. B. The Court will expect counsel to confer with his client and with opposing counsel concerning settlement and to recommend an offer which is in his professional opinion reasonable, unless in his professional opinion the case is not such as to justify any offer

whatsoever.

C. When an attorney settles or dismisses a case which is set for trial, he shall give notice to the Court Coordinator as soon as possible.

Rule 3.42 Jury Charge Questions and Instructions: Each party shall prepare in proper written form and present to the Court prior to or at the time of the jury selection, all jury chargequestions and instructions which are raised by the pleadings and upon which the party has an affirmative burden.

Rule 4Disposition of Family Law and Juvenile Cases

Rule 4.1 General All suits authorized under the Family code shall be filed by order of the 306th Family District Court. These rules shall be applicable to allfamily law cases filed in Galveston County.

Rule 4.1.1 Time Standards for Family Law Case Disposition:A. Family Law Cases.

1. Contested Family Law Cases. Within 6 months from the appearance date or within 6 months from the expiration of the waiting period provided by the Family code where such is required, whichever is later.2. Uncontested Family Law Cases. Within 3 months from the appearance date or within 3 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.

B. Juvenile Cases. In addition to the requirements of Title 3, Texas Family Code:

1. Detention Hearings. On the next business day following admission to any detention facility. 2. Adjudicatory or Transfer (Waiver) Hearings. a. concerning a juvenile in detention facility: Not later than 10 days following admission to such a facility, except for good cause shown of record.

b. concerning a juvenile not in a detention facility: Not later than 30 days following the filing of the petition, except for good cause shown of record.

3. Disposition Hearing. Not later than 15 days following the Adjudicatory hearing. The Court may grant additional time in exceptional cases that require more complex evaluation.

4. Nothing herein shall prevent a judge from recessing a juvenile hearing at any stage of the proceedings where the parties are agreeable or when in the opinion of the judge presiding in the case the best interests of the child and of society shall be served.

C. Complex Cases. It is recognized that in especially complex cases or special circumstances it may not be possible to adhere to these standards.

Rule 4.1.2 Juvenile Disposition Provisions: No provision is made in these rules for the disposition of juvenile cases other than setting out time standards as provided by Rule 4.10hereof, since juvenile cases are heard by the 306th Family District Court, and the County Courts at Law No,. One and Two. Rules for the

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disposition of juvenile cases will be adopted by the aforementioned courts..

Rule 4.2 Financial Information Statements: In all domestic relations cases related to divorce or modification of support, the following shall be included in all orders granted ex partesetting a hearing on temporary orders involving any support or alimony or setting a hearing on support modification: All parties to this action shall file with the Clerk and deliver a copy to the judge and all counsel or pro se parties a Statement of incomeand Expense, pay receipts for one month and/or statement of income from employer.

Rule 4.2.1. The Clerk shall attach a copy of the Statement of Income and Expense form to each Notice of Temporary Hearing or Citation onModification which is served on a party and shall furnish a copy of same to each counsel or pro se party not served with the Order. All partiesare required to file Statement of Income and Expense as set out in these rules.

Rule 4.2.2 Statement of Income and Expense shall be verified by the party and signed by counsel for such party. Counsel and parties are encouragedto prepare such statements of Income and Expense in such manner that they can be presented as evidence in lieu of direct testimony. Counseland parties are encouraged to offer the same as evidence in such proceeding.

Rule 4.2.3 Compliance with this rule may be by the completion of a Statement of Income and Expense in the form attached hereto. Counsel areresponsible for accuracy and timeliness.

Rule 4.3 Inventory and Appraisement: Within seventy-five days of filing of each divorce or annulment case, each party shall file with the Clerk, a copy being furnished to theJudge, opposing counsel and pro se parties, a sworn inventory and appraisement of all property (both separate and community) of the parties,including any property belonging to children of the parties. In the event of a substantial disparity in property evaluation filed by parties to aproceeding, within ten days after the filing of the original inventories and appraisements, the parties shall file a sworn statement setting forth thereason for the evaluations assigned by each such party. In the event a dispute as to character of property, each party’s contention shall besupported by affidavit and documents, if any, filed at least ten days prior to trial.

Rule 4.3.1 In the event of the filing of a written agreement completely settling the property of the parties to such action and all custody and supportmatters, it shall not be necessary to file such inventories and appraisements.

Rule 4.3.2 The failure to timely file such inventories and appraisements, affidavits or statements set out in these rules may result, in addition tosanctions provided by law, in the continuance of temporary alimony and/or support or the discontinuation of same, or dismissal of the case forwant of prosecution.

Rule 4.4 Ex Parte Restraining orders and Protective orders: Except as otherwise provided by law, ex parte protective orders shall be granted only when presented by attorney accompanied by client(306tthDistrict Court only).

Rule 4.4.1 No ex parte restraining order shall evict a party from the home unless filed in conjunction with Chapter 71 T.F.C.

Rule 4.4.2 No ex parte order shall restrain a parent from having access to that person’s child(ren) except upon affirmation showing that the interestof the children require such restraint.

Rule 4.5 Possession of and access to a child: Possession of and access to a child, including temporary orders, shall be pursuant to T.F.C. Section 14.03 - 14.04.

Rule 4.6 Child Support: The setting of child support, including temporary child support, shall be pursuant to T.F.C. Section 14.05 - 14.08, and 14.061.

Rule 4.7 Temporary orders: All temporary orders shall be presented to the Court within seven (7) days of the hearing or the case shall be subject to dismissal. Suchorders need not be submitted to other counsel for approval, but a copy of the order delivered to the Court shall be forwarded to opposing counselin a timely fashion.

Rule 4.8 Final Hearings:

Rule 4.8.1 Notice of all first settings shall be pursuant to Rule 245 of the Texas Rules of Civil Procedure. (i.e. 45 days notice)Rule 4.8.2 Jury trials (306th): Due to crowded non-jury docket, jury trials shall be set as follows: Upon proper request and payment of a jury fee pursuant to Rule216 T.R.C.P., cases shall be set for jury trial on the first available calendar opening corresponding to a scheduled jury week. Cases shall becalled in the order in which they are requested. If not reached, the case shall be reset by the Court for the next calendar opening correspondingto a scheduled jury week.

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Rule 4.8.3 Docket Control orders: Upon payment of the jury fee and submission of a jury request, the Court will complete a docket control order and forward to each partywho will be bound thereto. Any objection to dates set out shall be by motion and hearing thereon.

Rule 4.8.4 Non-Jury Trials: Requests for settings for final hearings in all contested family law cases shall be in writing and directed to the Judge’s office with copies toopposing counsel and the Clerk of the Court. In all cases where there is community property, a sworn inventory and appraisement must be filedwith the District Clerk’s office before the case will be set for trial . If a party fails to file an inventory, the one filed will be taken as uncontested.Such request shall, in addition to the requirements set forth in these rules, certify that all parties have fully complied with Rule 4.3 (inventories)and shall contain a general statement of the contested issues (i.e. property, conservatorship, support) as well as an estimate of the time required tohear the entire matter.

Rule 4.8.5 Alternative Dispute Resolution:A. In all child custody cases, the parties shall view the film, “Don’t Forget the Children” which is on file in the County Law Library. After viewing film, parties shall certify same to Court by filing proof thereof with the District Clerk on a form provided by the librarian.

B. In all child custody cases, the parties shall first attend mediation unless objection made pursuant to Civil Practice and Remedies Code 154.022 is sustained. Subsequent to A AND B above, the parties may request setting of final hearing.

Rule 4.8.6 Uncontested Matters: Uncontested matters are heard in County Court No. 2 from 8:00 - 9:00 a.m., and in 306th District Court from 8:30 - 9:00 a.m., Mondaythrough Friday or later in the day, at the Court’s discretion.

Rule 4.8.7 Default Judgments: No default judgments in cases involving children or property shall be granted without proof of attempted notice of final hearing toopposing party.

Rule 4.8.8 Exhibits: All exhibits shall be premarked prior to beginning of hearing or trial.

Rule 4.9 Continuances: No continuances shall be granted, in any case, except upon good cause shown, in writing, signed by the attorneys and the clients andapproved by the Court, and in accordance with T.R.C.P. Rule 251.

Rule 4.10 Dead Week: The week of the Advanced Family Law Course (usually in August) shall be a dead week for family law.

Rule 4.11 Entry Date: Entry date for all final orders and decrees is no later than 21 days post hearing at 9:00 a.m. unless granted an extension by the Court.Failure to appear may subject case to be dismissed for want of prosecution.

Rule 5Collection Cases

reserved for future use

Rule 6Criminal Cases

Rule 6.11 Filings/Return of Indictments: Assignment of Cases After Indictments

A. Except as otherwise provided in this Article, the Clerk shall randomly assign every criminal case filed by indictment pending on or filed after December 31, 1992 to the 10th, 56th, 122nd and 212th District Court.

B After random assignment , the Clerk shall assign any new indictment against a defendant to the Court having a lower pending cause number on that same defendant.

C. The Clerk shall assign any re-indictment of the same cause to the same Court in which the prior indictment was assigned.

D. The Clerk, after random assignment of an indictment to a Court shall assign any co-defendant(s) subsequently indicted to the same Court in which the first co-defendant’s indictment was assigned.

E. The Criminal District Attorney shall note on a non-substantive part of the indictment the following information:a. whether there are other pending indicted causes on the defendant;

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b. whether the indictment is a re-indictment; andc. the names of any Co-defendants.

F. When it is made known to the Clerk that a defendant intends to enter a plea of guilty to a felony information pursuant to a plea bargain agreement, the Clerk shall file the felony information in the Court assigned to conduct initial appearances provided that if a defendant waives his right to indictment and enters a plea of not guilty to a felony information, then the felony information shall be assigned according to subsections A, B, and D of Rule 6.11.

G. The Clerk shall file any motion to revoke probation or any post-conviction application for writ of habeas corpus in the Court having granted probation or entered the Judgment in the case. A person accused of a felony in custody in the Galveston County Jail should be taken before the Local Administrative District Judge or a Judge designated by him for the accused’s initial appearance on or before the third business day following his receipt at the jail.

The purpose of the initial appearance shall be to present the accused before the District Court at the earliest practicable time for the possible disposition of his case before indictment (whether by plea of guilty, dismissal, or no charges filed), for his formal arraignment or magistration if required by law, for setting or reducing his bail, for appointment of counsel, and for such other preliminary matters as may aid the prompt disposition of the case.

Rule 6. 23 Motion - Pre - Trial Hearings/Pre - Trial Matters: 1. Each Court shall determine its own settings for pre-trial and trial. 2. The defendant shall appear at each scheduled pre-trial hearing. 3. All pre-trial motions, including motions in limine, must be filed by the set deadline, if any, unless an extension of time is granted

by the Court for good cause shown. 4. Each pre-trial motion that is set for hearing must succinctly state the relief sought, the facts pertinent to the motion, and supporting argument with authorities; must be signed by counsel and, where required, by the defendant; must be sworn to when require; must contain a certificate of service and consultation with opposing counsel and a statement that the matter raised in the motion was not resolved, or, if no consultation was accomplished, an explanation thereof; must contain a notice the motion will be presented to the Court at the pretrial hearing with or without evidence; and must contain a proposed order granting or denying the motion in full or in part.

5. The Court may refuse to consider any pretrial motion that fails to comply with these rules. 6. A waiver of pretrial hearing by the defendant shall contain a declaration by the defendant and his attorney that no motions have

been or will be thereafter filed, or that any motions previously filed and not heard are withdrawn or waived and that no necessity for a pretrial hearing exists, and that the defendant is ready for trial.

7. Motions for continuance, whether by State or the Defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the Court on or before the Friday before the scheduled trial date, unless agreed to by the parties and approved by the Court.

8. Except for good cause shown and upon compliance with these rules, the Court shall not consider any motion for continuance on the scheduled trial date.

9. Criminal cases are to be filed, docketed, assigned, and processed pursuant to Rule 3 hereof when not in conflict with specialized setting rules.

Rule 7Jury Management

Rule 7.10 Jury Plan. The Galveston County Jury Plan III and Addendum, approved by the Commissioners Court and entered in the Minuteson February 25, 1981 and July 7, 1982, respectively, is on file in the District Clerk’s office.

Rule 7.11 Impaneling Juries. The Local Administrative District Judge, or a Judge designated by him, shall preside over the qualification of petit jurors and theassignment of jury panels to the various courts. Rule 8

Judges vacations, absences and disqualification

Rule 8.10 Vacations. The Judge of each Court shall receive thirty days vacation time each year. Notice of vacation periods shall be provided theLocal Administrative District Judge and the District Clerk in advance. Judicial conferences and educational events are official duties andnot to be considered as vacation; but notice shall be provided as above.

Rule 10Attorneys

Rule 10.13 Attorney Vacations Each Attorney who desires to assure himself a vacation for a period not to exceed four weeks may do so automatically by designatingthe four weeks, in writing, addressed and mailed or delivered to the District Clerk and County Clerk, thirty days in advance, except that in theevent an attorney already has a setting at the time the vacation notice is filed, there is no automatic assurance, and a motion for continuanceneeds to be filed and a ruling obtained.

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Rule 13Adoption, Amendment, Notice

Rule 13. 10 These rules may be amended by majority vote of the District Judges, provided:

1. that any proposed rule or amendment shall not be inconsistent with rules adopted by the Supreme Court of Texas or with any rule of the Administrative Judicial District in which the Court is located; and,2. any proposed rule or amendment shall not become effective until it is submitted and approved by the Supreme Court of Texas; and,3. any proposed rule or amendment shall not become effective until at least thirty days after its publication in a manner reasonably calculated to bring it to the attention of attorneys practicing before the court or courts for which it is made, and4. all rules adopted and approved in accordance herewith are made available upon request to members of the Bar and the public.

Adoption

Subject to the approval by the Supreme Court of Texas, these rules shall become effective January 1, 1993, and so long thereafter untilamended, repealed or modified by order of the District Courts. All existing Local Rules previously governing the management of the Courtdockets shall be repealed on the effective date of these rules. Each numbered or lettered paragraph of these rules shall be considered to beseparate and distinct from all other portions hereof, and if any portion should be declared by a higher Court to be improper, such declarationwill not affect any other portion not so declared to be improper.

The District Clerk is directed to furnish a copy of these rules to the Supreme Court of Texas, pursuant to Rule 3a of the Texas Rules ofCivil Procedure, and to record these rules in the Civil Minutes of the 10th, 56th, 122nd, 212th and 306th District Courts.

Adopted this the 8th day of October, 1992 to become effective on January 1, 1993 or upon approval by the Supreme Court of Texas,whichever is later.

/s/ Ed J. HarrisEd J. Harris10th Judicial District Court

/s/ I. Allan LernerI. Allan Lerner

56th Judicial District Court

/s/ Henry G. DalehiteHenry G. Dalehite122nd Judicial District Court

/s/ Roy EngelkeRoy Engelke 212th Judicial District Court

/s/Susan Baker OlsenSusan Baker Olsen,306th Judicial District Court

This document filed with EVELYN WELLS ROBISON, District Clerk of Galveston County, Texas on the 8th day of October, 1992.

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Local Rules of the District Courts

of Montgomery County, Texas

Purpose

The Local Rules of the District Courts of Montgomery County have as their primary purpose the management of the court dockets sensibly, efficiently and fairly. These rules are to be an aid to the just disposition of cases without unnecessary delay or expense.

Rule 1

Application, Jurisdiction and Filing

Rule 1.1 Application

These rules apply to all cases, civil, criminal, and family, of which the District Courts have exclusive jurisdiction or concurrent jurisdiction with the County Courts at Law of Montgomery County Texas.

Rule 1.2 Jurisdiction

A. Exclusive Jurisdiction

Exclusive jurisdiction of District Courts encompasses matters defined by statute, rules of court, case law or these rules as the sole province of District Courts.

B. Concurrent Jurisdiction

Concurrent jurisdiction of the District Courts with the County Courts at Law is set forth in Section 25.1722 (a) of the Texas Government Code.

Rule 1.3 Assignment of Cases

A. Equal Assignment

The District Clerk shall assign cases equally among the courts on a rotation basis unless specifically instructed otherwise by these rules or by the Board of Judges.

B. Assignment of Exclusive Jurisdiction Cases

The District Clerk shall assign cases of exclusive jurisdiction to the District Courts.

C. Assignment of Concurrent Jurisdiction Cases

The District Clerk shall assign cases of concurrent jurisdiction to the District Courts and the County Courts at Law.

Rule 2

Local Administrative District Judge

Rule 2.1 Powers and Duties of Local Administrative District Judge

A. Election of the Administrative Judge

Pursuant to Section 74.091 of the Texas Government Code, a majority of the District Judges will elect a Local Administrative District Judge for a one-year term at the December meeting of each year to commence on January 1st of the following year.

B. Duties

The Local Administrative District Judge will have the duties and responsibilities provided in Rule 9 of the Rules of Judicial Administration.

C. Meetings of the Judges of the County

The Local Administrative District Judge or a majority of the District Judges will call meetings of the Judges as needed. The Local Administrative District Judge shall preside over such meetings; and in his/her absence, a temporary Chairperson may be elected by a majority of the quorum.

Rule 3

Civil Cases

Rule 3.1 General

All civil cases which the District Courts of Montgomery County have exclusive or concurrent jurisdiction

shall be filed in the District Clerk's office located at 300 North Main, Conroe, Texas 77301. These rules shall be applicable to all civil cases filed in the District Courts of Montgomery County.

Rule 3.2 Time Standards for Civil Case Disposition

A. Civil Jury Cases

All civil jury cases shall be tried or dismissed within 18 months from appearance date.

B. Civil Non Jury Cases

All civil non jury cases shall be tried or dismissed within 12 months from appearance date.

Rule 3.3 Filing and Assignment of Cases

A. Civil Case Information Sheet

All civil cases filed in the District Clerk's office of Montgomery County shall have attached a Civil Case information sheet which shall be prepared by the District Clerk and shall indicate the type of action and monetary damages sought and any other information that the District Clerk requires.

B. Assignment

All civil cases filed shall be assigned in the District Courts of Montgomery County on a rotating basis and in compliance with these rules. Once assigned to a court, a case will remain on the docket of that court for all purposes unless transferred as hereinafter provided.

Rule 3.4 Transfer of Cases; Docket Exchange; Bench Exchange

A. Transfer

After assignment to a particular court, a 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 order of the Local Administrative District Judge.

B. Exchange of Cases

The courts may at any time exchange cases and benches to accommodate their dockets or to expedite the court's trials.

C. Previous Judgment or filing

Any claim for relief based upon a previous judgment shall be assigned to the court of original judgment. If a case is filed in which there is a substantial identity of parties and causes of action in a previously non suited case, the later case shall be assigned to the court where the prior case was pending.

D. Consolidation

A motion to consolidate cases shall be heard in the court where the lowest numbered case is pending. If the motion is granted, the consolidated case will be given the number of the lowest numbered case and assigned to that court.

E. Severance

If a severance is granted, the new case will be assigned to the court where the original case is pending; however, a new file date and a new cause number will be assigned to the now severed case.

F. Presiding for another Judge

In all cases where a judge presides for another court, the case shall remain pending in the original court.

G. Fair Distribution

The Administrative District Judge may transfer cases between courts if he/she finds that a court has an inequitable burden due to illness, complex litigation, trial schedule, or other sufficient reasons.

H. Recusal

All motions to recuse shall be governed by the provisions of Rule 18 (a) & (b) of the Texas Rules of Civil Procedure.

I. Removal to District Court

A case which has been assigned to a County Court at Law in error because the subject matter is within the exclusive jurisdiction of the District Courts will be returned to the District Clerk for reassignment.

Rule 3.5 Docket Settings

A. Court Coordinator/Administrator

Each court shall appoint a court coordinator/administrator. It shall be the duty of each court coordinator/administrator to:

Establish procedures for setting cases for trial and hearings;

Provide the court, the clerk assigned to that particular court and the general public with a printed docket sheet indicating the cases set for a hearing for each day of court;

Provide the court with a submission docket indicating the cases set for submission;

Notify all counsel of settings and rulings of the court as is provided by these rules or at the direction of the court;

Prepare scheduling orders for all cases assigned to their court;

Coordinate all setting requests; and

Coordinate with the Juror Coordinator of the District Clerk's office concerning jury trials and juror requirements.

B. Setting Requests

Requests for hearings shall be made in writing to the court in which the matter is pending in accordance with these rules or the scheduling order of the court, and the attorneys making such request shall serve all counsel and parties appearing pro se with notice of the hearing.

C. Docket Control Orders

Each court shall generate docket control orders for each civil case pending. The order shall contain a trial setting, cut off date for discovery, pretrial conference date and any other requirements as established by each individual court.

D. Trial Settings

Cases shall be set for trial by order of the court, upon request of a party, on the court's own motion or by a docket control order.

All requests for non jury trials before the court shall be set by the court at the earliest possible trial date on those dates established by the court for non jury weeks. The request shall be in writing and copies of said request served upon all attorneys and parties pro se involved in the case. The court shall have sole

discretion as to which non jury trial week the case will be assigned. The party obtaining the setting shall notify all counsel and parties appearing pro se of the setting.

All requests for jury trials shall be in writing and copies of said request served upon all attorneys and parties pro se involved in the case. The court shall have sole discretion as to which jury trial week the case will be assigned. The party obtaining the setting shall notify all counsel and parties appearing pro se of the setting.

If a case is not tried the week it is assigned, the court shall reset the case to a date certain.

All requests for preferential trial settings shall be made in writing with notice to all counsel and parties appearing pro se. The court shall set the matter for a hearing on the earliest possible date.

Rule 3.6 Dismissal Docket; Involuntary Dismissals

A. Dismissal Dockets

All cases not brought to trial or otherwise disposed of which have been on file for more than the specified time period as established by these rules shall be placed on the dismissal docket by the Court.

B. Notice

When a case has been placed on the dismissal docket, the court shall promptly send notice of the court's intention to dismiss for want of prosecution to each attorney of record and pro se party whose address is shown in the clerk's file. A copy of such notice shall be filed with the papers of the cause.

C. Motion to Retain

Unless a written motion to retain has been filed prior to the dismissal date as set forth in the notice of intention to dismiss, such case shall be dismissed. Notice of the signing of the order of dismissal shall be given as required by Rule 165 (a) of the Texas Rules of Civil Procedure. Failure to mail notices as set out above shall not affect any of the periods mentioned in Rule 306 (a) of the Texas Rules of Civil Procedure except as provided in that rule.

D. Motion for reinstatement

A motion for reinstatement after dismissal shall follow the procedure and be governed by the provisions of Rule 165 (a) of the Texas Rules of Civil Procedure relating to reinstatement.

Rule 3.7 Hearings on Pre-Trial Motions

A. Form

Motions and responses shall be in writing and shall be accompanied by a proposed order granting or denying the relief sought. The proposed order shall be a separate instrument.

B. Submission

Motions shall state a date of submission which shall be at least 10 days from filing, except on leave of court. The motion will be submitted to the court upon that date.

C. Response

Responses shall be in writing. Responses shall be filed at least two working days before the submission date. Failure to file a response may be considered a representation of no opposition.

D. Oral argument

The motion or response may include a request for oral argument. Said request shall be in writing and set forth reasons for the necessity of such hearing. It is in the sound discretion of the court whether to grant the request for oral hearing. A request for an oral argument is not a response under Rule 3.8 (c).

E. Certificate of Conference

Opposed motions and responses shall contain a Certificate of Conference indicating that the counsel involved have attempted to resolve the dispute prior to filing of the motion or response, the date of such attempt and the manner of communication of such an attempt, or any other requirement of the court.

Rule 3.8 Continuances

Any motion for continuance of the trial setting shall be presented to the court pursuant to the docket control order, or the Texas Rules of Civil Procedure. The order granting or denying such motion shall contain an order resetting the case for trial for a specific date and time.

Rule 3.9 Alternate Dispute Resolution and Mediation

A. Alternate Dispute Resolution

In order to encourage the early settlement of disputes and to carry out the responsibilities of the courts set out in Chapter 154 of the Texas Civil Practices and Remedies Code, appropriate alternative dispute resolution procedures will be encouraged and utilized.

B. Mediation

The courts encourage mediation in order to facilitate the settlement of disputes and litigation. Each court shall adopt a procedure for the use of mediation in all civil cases. It is in the sound discretion of the trial court whom to use as a mediator and the procedures for same.

Rule 3.10 Settlements

All trial counsel are required to make a bona fide effort to settle cases at the earliest possible date before trial. The court will expect counsel to confer with his/her client and with opposing counsel concerning settlement offers. When an attorney settles or dismisses a case which is set for trial, he shall give notice to the court as soon as possible.

Rule 3.11 Jury Charge Questions and Instructions

Each party shall prepare in proper written form and present to the court prior to trial or the jury selection all jury charge questions and instructions which are raised by the pleadings and evidence and upon which the party has an affirmative burden. The charge shall be provided in both written form and on a 3.25 computer disc.

Rule 3.12 Guardians and Attorneys Ad Litem

When it is necessary for the court to appoint a guardian ad litem for minor or incompetent parties or an attorney ad litem for absent parties, independent counsel, not suggested by any of the parties or their counsel, will be appointed. However, the court may appoint an attorney who is already counsel of record for one of the parties if the court finds that no conflict of interest or other circumstances exist which would prevent such attorney from providing adequate representation for such minor, incompetent or absent parties.

Rule 3.13 Entry of Interim Orders

An interim order is any temporary order entered by the court during the pendency of the suit. In the event that the court renders an oral interim order, the court shall require a party to prepare a written order complying with the court's rendition and set a hearing date for entry. The party preparing the order shall obtain approval as to form from the opposing counsel or pro se litigant. Unreasonable refusal may result in sanctions imposed by the court.

Rule 3.14 Entry of Final Orders

In the event that the court renders an oral final order, the court shall require a party to prepare a written final order complying with the court's ruling and set a hearing date for entry. The party preparing the order shall obtain approval as to form from the opposing counsel or pro se litigant. Unreasonable refusal may result in sanctions imposed by the court.

Rule 3.15 Requests of the District Clerk

A. Written Requests

All parties desiring copies of documents from the District Clerk shall furnish the clerk return envelopes properly addressed and stamped. Except as provided elsewhere in these rules, no conformed copies shall be made or furnished nor shall searches or research be performed for counsel or the public, free of charge. All mail received with postage due will be returned to sender.

B. Telephone Requests

The court clerk shall limit response to telephone requests for information to the following:

If answer has been filed.

Existence and setting of a case.

Return of service and date.

Correct style of case when correct case number is supplied.

If an order has been signed.

Rule 3.16 Filing of Pleadings

All pleadings, motions, orders and other papers, including exhibits attached thereto, when offered for filing or entry, shall be descriptively titled and punched at the top of the page to accommodate clerk's 2.75" center-to-center flat-filing system. Each page of each instrument shall on the lower right-hand margin thereof be numbered and titled, i.e. "Plaintiff's Original Petition Page 2." Orders and Judgments shall be separate documents completely separated from all other papers. If documents not conforming to this rule are offered, the clerk shall return the documents to the counsel or party unfiled. Counsel shall furnish the clerk with sufficient copies to perfect service or notice.

Rule 3.17 Service of Process

The Courts have adopted a blanket order permitting private process of service pursuant to Rule 103 of the Texas Rules of Civil Procedure. Applications for approval to be added to the list shall be presented to the presiding district judge.

Rule 4

Family Law Cases

Rule 4.1 General

The filing, assignment, and transfer of cases under the Family Code shall be filed in accordance with Rule 1 of these rules. All cases filed pursuant to the Family Code with the exception of Title 3 of the Family Code shall be governed by Rule 3 of these rules.

Rule 4.2 Time Standards for Family Law Case Disposition

Cases shall be tried or dismissed within 6 months from the appearance date or within 6 months from the expiration of the waiting period provided by the Family Code where such is required, whichever is later.

Rule 4.3 Juvenile Disposition

Rules for the disposition of juvenile cases will be adopted by the Juvenile Court in conformity with Rule 1 of the Second Administrative Judicial Region of Texas Regional Rules of Administration and Title 3 of the Texas Family Code.

Rule 4.4 Department of Regulatory Services Cases

Disposition of Texas Department of Protective and Regulatory Services cases shall be in conformity with those provisions set forth in Title 5 of the Texas Family Code.

Rule 4.5 Inventories and Financial Information Statements

A. Initial Filing

Inventories and Financial Information Statements shall be filed in all domestic relations cases related to divorce. Financial Information Statements shall be filed in all cases involving modification of conservatorship, support or periods of possession.

B. Temporary Orders

In any hearing for temporary orders in which child support or spousal support is an issue, completion and exchange of Financial Information Statements is required prior to commencement of the hearing.

C. Trial

A party's final Inventory, Financial Information Statement and financial information required under the Family Code, as well as suggested findings regarding child support and a proposed division of property shall be exchanged no later than thirty (30) days before trial, or as required by the docket control order, and filed with the court before the commencement of trial. If children are involved in the proceeding, the inventory shall contain sufficient information so the court may render a qualified medical child support order regarding health insurance for such children.

D. Failure to file Financial Information Statements and Inventories

Failure of either party to file Financial Information Statements or Inventories will result in the court adopting as stipulated the information filed by the complying party. The non-complying party will be prohibited from contesting the accuracy of the information presented by the complying party. If both parties fail to comply with these rules, the court may strike the case from the docket.

Rule 4.6 Parent Education and Counseling

Referral shall be made in suits affecting the parent-child relationship requiring the parents' attendance at an educational program for divorcing parents, except for good cause shown. In the discretion of the court, such a referral may also be made for parents involved in modification or enforcement litigation. Counseling may also be ordered in appropriate cases as authorized by the Family Code, including referral to a family violence program pursuant to a protective order under Chapter 71 of the Family Code.

Rule 4.7 Ex Parte Restraining Orders, Protective Orders and Temporary Orders

A. Ex Parte Restraining Orders and Protective Orders

Ex Parte Restraining Orders and Protective Orders shall be presented to the court in which it has been assigned. If the presiding judge of said court is not available, then the Ex Parte Order or Protective Order may be presented to any sitting District or County Court at Law Judge available. In all cases, only the court coordinator/administrator of the court to which the case is assigned may set the hearing.

B. Temporary Orders Entry

All temporary orders shall be presented to the court for entry within ten (10) days after the hearing or at the entry date set by the court. Failure to comply could subject the case to dismissal.

Rule 4.8 Discovery

A. Mandated Discovery

In all cases the following items shall be exchanged without objection upon a written request of counsel.

Parties or individual income tax returns for two years preceding the year of the request.

Copies of all insurance polices, including home, auto, life and medical.

Copies of all promissory notes, deeds of trust and deeds evidencing ownership of real estate, including contract for deeds and time sharing contracts.

Copies of all stocks, mutual fund participation and investment portfolios held by the parties, in the name of the parties, or for the benefit of the parties.

Copies of all documents concerning employee benefits, retirement benefits and pension funds.

The preceding six (6) months statements for all credit card accounts in the name of the parties, or either party.

Wage statements or statement showing year to date earnings of the party.

4.9 Child Support Local Registry

Pursuant to §154.241 of the Texas Family Code, the District Clerk of Montgomery County is designated as the Local Registry to receive a court ordered child support payment or payment otherwise authorized by law.

Rule 5

Criminal Cases

Rule 5.1 Filings/Return of Indictments

A. Assignment of Cases After Indictment

Except as otherwise provided in this Rule, the Clerk shall equally distribute every criminal case filed by indictment into the five District Courts.

Capital cases shall be assigned on a rotation basis among the District Courts.

B. New Indictments After Assignment

After assignment, the clerk shall assign any new indictment against a defendant to the same court.

C. Re-indictments

The clerk shall assign any re-indictment of the same defendant to the same court in which the prior indictment was assigned.

D. Co-Defendant Indictment

The clerk, after random assignment of an indictment to a court shall assign any co-defendant subsequently indicted to the same court in which the first co-defendant's indictment was assigned.

E. Information to the District Clerk

The District Attorney shall note on a non-substantive part of the indictment the following information:

Whether there are other pending indicted cases on the defendant;

Whether the indictment is a re-indictment and;

The names of any co-defendants not named in the indictment.

Rule 5.2 Post Conviction Proceedings

The clerk shall file any motion to revoke probation or any post-conviction application for writ of habeas corpus in the court having granted probation or entered the judgment in the case.

Rule 5.3. Time Standards for Criminal Cases

Disposition of Criminal Cases shall be in conformity with those provisions set forth in Article 32A.02 of the Code of Criminal Procedure.

Rule 5.4 Scheduling Order

Each court will adopt a scheduling order that shall be given to the defendant and counsel at arraignment. The scheduling order may include such dates or deadlines for discovery, pretrial motions or trial. The scheduling order shall include a waiver of arraignment and acknowledgment of notice of appearance by the defendant.

5.5 Motions for Continuance

All motions for continuance, whether filed by the State or the Defendant, must comply with the applicable law contained in the Code of Criminal Procedure and must be presented to and considered by the court in accordance with the scheduling order. Except for good cause shown and upon compliance with these rules,

the court shall not consider any motion for continuance on the scheduled trial date.

Rule 5.6. Standard Discovery Orders

Each court shall adopt a standard discovery order to be entered in each case at time of arraignment. The discovery order shall set forth procedures for the exchange of information, evidence inspection, expert designations and deadlines to conform with the discovery order.

Rule 6

Electronic Filing

The District Courts have previously approved electronic filing. The previous order which has received the approval of the Supreme Court of Texas is herein adopted as part of these rules and incorporated herein.

Rule 7

Board of Judges

The Board of Judges shall consist of all the District Judges and County Courts at Law Judges that serve Montgomery County. The Board of Judges shall meet to discuss and pass resolutions on those matters which are of common concern of all the judges. The meeting shall be called by either the Administrative Judge of the District Courts or the Administrative Judge of the County Courts at Law. The chairman of the meeting shall be the Senior judge in attendance.

Rule 8

Previous Rules

All previous local rules in the District Courts of Montgomery County are hereby repealed.

Rule 9

Lawyer's Creed Applicable

The Texas Lawyer's Creed shall be observed in all proceedings before the court.

Rule 10

Conflicting Trial and Ancillary Settings

A. Conflicting Trial Settings

It is the duty of an attorney to notify all courts in which an attorney has conflicting settings as soon as practicable. Judges should attempt to agree on which case has priority; otherwise, the following priorities shall be observed by the Judges of the respective courts:

Juvenile cases.

Criminal cases.

Cases given preference by statute.

Preferentially set cases.

Cases with lowest file number.

Cases with earliest setting request date.

B. Conflicting Ancillary Hearings

It is the duty of an attorney with conflicting ancillary hearings to notify opposing counsel of the conflict immediately upon learning of same. The attorney shall inform the court prior to docket call of the location of counsel, the court or courts where counsel is appearing, the matter being heard and the estimated time of appearance. Failure to notify the court of such conflict may result in a default on the matter before the court, or sanctions.

C. Designation of Attorney in Charge

Every case shall have a designation of attorney in charge.

Rule 11

Attorney Vacations

Each attorney who desires to assure himself/herself a vacation for a period not to exceed four weeks may do so automatically by complying with the Rule 11 of the Second Administrative Region of Texas Regional Rules of Administration.

Rule 12

Adoption, Approval and Notice

Rule 12.1 Adoption

These rules are adopted by the District Judges for all purposes and by the County Court at Law Judges for those provisions that effect the concurrent jurisdiction of the county courts.

Rule 12.2 Approval

Upon approval by the Judge of the Second Administrative Region and the Supreme Court of Texas, these rules shall become effective immediately, and so long thereafter until amended, repealed or modified. Each numbered or lettered paragraph of these rules shall be considered to be separate and distinct from all other portions hereof, and if any portion should be declared by a higher court to be improper, such declaration will not affect any other portion not so declared to be improper.

Rule 12.3. Notice

The District Clerk is directed to furnish a copy of these rules to the Supreme Court of Texas pursuant to Rule 3 (a) of the Texas Rules of Civil Procedure and to record these Rules in the Civil Minutes of the 9th, 221st, 284th, the 359th and 410th District Courts and the County Courts at Law Numbers One, Two and Three.

Adoption

Adopted the _____ day of______________, of the year 2000 to become effective upon approval by the Supreme Court of Texas.

_______________________________

Judge Fred Edwards

9th District Court

_______________________________

Judge Suzanne Stovall

221st District Court

_______________________________

Judge Olen Underwood

284th District Court

_______________________________

Judge James Keeshan


_______________________________

Judge Mike Mayes


_______________________________

Judge Dennis Watson

County Court at Law Number One

_______________________________

Judge Jerry Winfree

County Court at Law Number Two

_______________________________

Judge Mason Martin

County Court at Law Number Three

Approval by the Second Administrative Regional Judge

Approved on the ____day of _________, of the year 2000, by Judge Olen Underwood, Regional Judge for the Second Administrative Judicial Region of the State of Texas.

____________________________

Judge Olen Underwood

Presiding Judge of the Second Administrative Judicial Region of the State of Texas

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