At least in the counties contained within the Houston First and Fourteenth Courts of Appeals, family court judges cannot grant relief unless there are pleadings asking for that relief or unless the issue was tried by consent. A recent case provides a surprisingly broad view of what constitutes a "pleading" that can justify granting relief not explicitly mentioned in the current petition. I represented the father who won on appeal in Flowers v. Flowers, 407 S.W.3d 452 (Tex. App. - Houston [14th Dist.] 2013, no pet.) and that case holds: 1. A family court cannot grant relief unless there are pleadings asking for the relief or the issue was tried by consent. The Rules of Civil Procedure apply in family cases, even those involving children. 2. An issue is not tried by consent if it is never mentioned or discussed at trial. The Fourteenth Court of Appeals in May 2014 reaffirmed the basic notion that relief cannot be granted without pleadings requesting the relief or ... Read More >
New Rules Will Change How We File and Serve Documents and Calculate Deadlines
The Texas Supreme Court enacted amendments to the Texas Rules of Civil Procedure effective January 1 that will have a big impact on family law attorneys. We all will need to calendar deadlines differently and our pleadings and orders are going to look different. Service by e-mail is now allowed and service by delivery services is now recognized. These big changes in rules include: 1. Mandatory Electronic Filing. New Rule 21(f) requires attorneys in civil cases to electronically file court documents "in courts where electronic filing has been mandated." E-filing is mandatory in Harris and Fort Bend Counties and permissive in Galveston, Brazoria, Montgomery and Chambers Counties. Electronic filing will be mandatory in all Texas counties by 2016. 2. E-filed documents must be in searchable PDF format. Electronically filed documents are required to be in text-searchable PDF format (most documents scanned at the copier are not in this format) per Rule ... Read More >
Any judge in the courthouse can sign your order
You do not need a transfer or an assignment from the Administrative Judge to allow another judge in the courthouse to sign an order for you if the judge of the court where your case is pending is not available (assuming the clerks and the other judge cooperates). Texas Government Code Sec. 79.094 says: Sec. 74.094. HEARING CASES. (a) A district or statutory county court judge may hear and determine a matter pending in any district or statutory county court in the county regardless of whether the matter is preliminary or final or whether there is a judgment in the matter. The judge may sign a judgment or order in any of the courts regardless of whether the case is transferred. The judgment, order, or action is valid and binding as if the case were pending in the court of the judge who acts in the matter. The authority of this subsection applies to an active, former, or retired judge assigned to a court having jurisdiction as provided by Subchapter C. ... Read More >
New TRCP 91a Allows Quick Dismissal of Wacko Causes of Action That Have “No Basis in Law of Fact”
Family attorneys often deal with causes of action that do not arise under the Family Code. For example, one spouse might sue the other spouse as part of a divorce for assault or breach of fiduciary duty. A new Texas Rule of Civil Procedure 91a applies to all cases, including those pending on March 1, 2013, other than cases brought under the Texas Family Code or in inmate litigation. Under new Rule 91a, a party may move to dismiss a cause of action that has "no basis in law or fact." A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, "do not entitle the claimant to relief." A claim has no basis in fact if "no reasonable person could believe the facts as pleaded." A motion to dismiss a baseless case under Rule 91a must: state that it is made pursuant to Rule 91a; identify each cause of action to which it is addressed; and specifically state the reasons that the cause of action has no basis in law, fact, or both. A Rule 91a ... Read More >