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Current as of January 01, 2024 | Updated by Findlaw Staff
Except as reflected in these policies and procedures, the County Court at Law will not act in any case pending in District Court.
CRIMINAL CASES
No Criminal arraignments, pretrial hearings or guilty pleas will be heard by the County Court at Law Judge without written concurrence of 2/3 of the District Judges who preside in Aransas County, Texas.
FAMILY CASES
I. Original Filings. Any family law matter may be originally filed in either the District Court or the County Court at Law of Aransas County. The District Clerk will inform all filers of their option of court.
II. TRO'S
A. The County Court at Law Judge of Aransas County may sign and issue status quo TRO'S in original divorce petitions and other family law matters.
B. The District Judges shall consider TRO'S bought:
1. By a Respondent;
2. On motions to modify;
3. By persons who have a Protective Order issued or request to be issued against them;
4. Applicants for writs of habeas corpus; and
5. Any other non-status quo TRO.
C. After consultation with and approval from the District Judge in whose court a case is filed, the County Court at Law Judge may sign TRO'S listed in B. 1 -5 above.
III. Rule 103 Orders. The County Court at Law Judge may authorize any legally qualified individual or agency to serve process in a family law matter pending in District Court as provided for in Texas Rules of Civil Procedure 103.
IV. Rule 106 Orders. The County Court at Law Judge will not authorize substituted service as authorized by Texas Rules of Civil Procedure Rule 106 for any case pending in District Court without prior consultation with and approval from the District Judge in whose court the case is filed.
V. Assignment of Cases to County Court at Law of Aransas County, Texas. With the consent of the County Court at Law Judge of Aransas County, Texas, a District Judge may assign any family law case to the County Court at Law either temporarily or permanently.
If a case is assigned temporarily, any orders made by the County Court at Law Judge will be signed by him. The County Court at Law Judge will not schedule any hearing on temporarily assigned cases other than the settings or resetting of the hearing assigned to him.
If a case is assigned permanently, the County Court at Law Judge shall assume total responsibility for the case, its settings and ultimate resolution. The District Clerk shall remove the docket sheet of a case permanently assigned from the District docket in which the case is filed and carry that case or a special docket of cases which were filed in District Court but permanently assigned to County Court at Law.
VI. Ex parte Removals in CPS Cases. Any C.P.S. case which arises as a result of a Court Authorized Removal-(authorized by a District Judge) shall be filed in District Court.
Any C.P.S. case which arises as a result of a Court Authorized Removal-(authorized by a County Court at Law Judge) shall be filed in the County Court at Law of Aransas County.
VII. Title IV-D Appeals. Any appeal of matters ruled on by the IV-D Master shall be docketed on the special docket of cases filed in District Court and assigned to the County Court at Law Judge's docket.
The County Court at Law Judge will be responsible for conducting any hearing necessary to resolve such appeals.
Upon final resolution of the matter appealed, the District Clerk shall return the docket sheet of the case to the docket of the Court in which the case is filed.
VIII. Transfers. All incoming family law cases (transferred from another county) shall be docketed into the County Court at Law of Aransas County, Texas.
Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R ARANSAS CTY Exh. D Exhibit D. Policies and Procedures for the Judge of Aransas County Court at Law’s Actions on Cases Pending in District Court in Aransas County - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-aransas-cty-exh-d/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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