Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 28. Proceedings Before the Associate District Judge in Family Law Cases

28.1. Appointment of the Associate District Judge and Creation of the Family Court.  Pursuant to Chapter 201 of the Texas Family Code, the District Courts have appointed an Associate District Judge to preside over the Family Court of Hays County, Texas and to hear certain matters as provided in the Omnibus Order of Referral dated October 22, 2019, and these Local Rules.

28.2. Authority of the Associate District Judge for the Family Court.  Pursuant to Section 201.005 of the Texas Family Code, the Omnibus Order of referral dated October 22, 2019, and these Local Rules, the District Courts have referred to the Associate District Judge for the Family Court all aspects of any suit over which the District Courts have jurisdiction under Title 1, Chapter 35, 35A, or 45, Title 4 and Title 5 of the Texas Family Code, Subchapter A, Chapter 7B, Code of Criminal Procedure or Chapter 24A, Property Code, including trial on the merits and any matter ancillary to such suits.  The District Courts' general order of referral shall include suits initiated by a governmental entity for the protection of a child and Title IV-D cases, only with respect to requests for emergency relief or cases that may be referred back to the District Court by either the Child Protection Court or Title IV-D Court.

Unless limited by a separate written order regarding a specific case, the Associate District Judge for the Family Court shall have all of the powers and duties prescribed under Subchapter A of Chapter 201 of the Texas Family Code as well as any powers and duties conferred by any referring Court and by the Local Rules of the District Courts of Hays County, Texas.

28.3. Matters to be Heard in the Family Court.  Pursuant to the Standing Order Regarding Settings Before the Associate District Court in Family Law Cases dated October 22, 2019 and these Local Rules, unless otherwise ordered by a District Court with respect to a particular matter, or unless it is confirmed by the Court Coordinator for the Family Court that the Associate District Judge for the Family Court is not available, the following family law matters shall be set before the Associate District Judge:

1. Any request for a temporary restraining order;

2. Any request for ex parte protective orders sought during the pendency of a divorce action or suit affecting the parent-child relationship;

3. All writs of attachment;

4. All petitions for habeas corpus;

5. Any request for temporary orders or the modification of temporary orders;

6. All discovery disputes;

7. Any final hearing on protective orders sought during the pendency of a divorce action or suit affecting the parent-child relationship;

8. Agreed adoptions, unless the matter is pending before the Child Protection Court;

9. Any agreed final order in suit affecting the parent-child relationship or a suit for divorce;  and

10. Any final trial in a non-jury matter unless an objection has been filed in accordance with Section 201.005(b) & (c) of the Texas Family Code.

28.4. Objection to the Associate District Judge for the Family Court.  A party may file an objection to the assignment of the Associate District Judge of the Family Court to hear any trial on the merits.  A trial on the merits is any trial in which a party seeks a final adjudication from which an appeal may be taken to a court of appeals.  The objection must be in writing.

The time for filing an objection is on or before ten days from receipt of a notice of setting before the Associate District Judge.

A person filing an objection must deliver a copy of the objection to all parties and to the Civil Court Coordinator for the District Court Judges and the Court Coordinator for the Family Court on the same day the objection is filed with the District Clerk.

A party may file a motion to have any other matter heard originally before a District Judge instead of the Associate District Judge for the Family Court.  The motion must be in writing and must specify the grounds in support of the motion.  The party filing the motion must set the motion for hearing before a District Judge with notice to all parties as required by the applicable rules of civil procedure.

28.5. Notice of Right to De Novo Hearing.  Notice of the right to a de novo hearing will be posted outside the courtroom of the Associate District Judge for the Family Court or will be otherwise communicated by the Associate District Judge for the Family Court in open court as authorized by section 201.012 of the Texas Family Code.

28.6. Request for de Novo Hearing.  Any person requesting a de novo hearing before a District Judge must also deliver a copy of the request to the Civil Court Coordinator for the District Court Judges on the same day that the request is filed with the District Clerk.