Skip to main content
Find a Lawyer

Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 30. Pre-Trials in Family Law Cases

Current as of January 01, 2024 | Updated by Findlaw Staff

30.1. Standing Orders.  The parties in any divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits) filed in Hays County are subject to the current Hays County Standing Order for Family Law Cases and any amendments thereto.  The Petitioner shall attach a copy of the Standing Order for Family Law Cases to their original pleading and each copy of their initial pleading.

This and other applicable Standing Orders may be found on the Hays County District Courts' website and on the Office of Court Administration's Local Rules, Forms, and Standing Orders website.  When requesting a temporary restraining order or temporary injunction, counsel must not repeat or otherwise address the subject matter contained in the standing order except to seek a modification of the standing order.

30.2. Pre-Trial Procedure Before a Final Trial on the Merits.  Before the final trial on the merits in any divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits), each party must prepare and deliver pre-trial forms and any amended pleadings as follows:

(a) Forms Required

(i) In a divorce suit, each party must prepare and deliver a Proposed Property Division using the form prescribed by the Texas Family Law Practice Manual published by the State Bar of Texas or a similarly appropriate form.  In lieu of such form, a party may submit a spreadsheet that reflects that parties proposed property division.  If a spreadsheet is used in lieu of the Proposed Property Division form, then a copy of such spreadsheet must be provided to the Court in an editable electronic format at the beginning of the trial.

(ii) In any suit requiring a determination of child support or spousal maintenance, each party must prepare and deliver a Proposed Support Decision using the form prescribed by the Texas Family Law Practice Manual published by the State Bar of Texas or a similarly appropriate form.  The form must be fully completed and signed by the party.

(iii) Additionally, in any suit requiring a determination of child support or spousal maintenance, unless the parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish to the Court (but not file), and to opposing parties, copies of the following at the time of trial:

1. The party's federal income tax returns for the previous two calendar years, or if no such return(s) have been filed, then all payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-l for such years;  and

2. All payroll statements, pay stubs, W-2 forms, 1099 forms, and Schedule K-l for the calendar year of the trial from January 1 through the date of the trial.

3. This Rule does not supersede any requirement to respond to discovery requests.

(iv) In any suit requiring a determination or modification of conservatorship, or possession and access to a child, each party must prepare and deliver a Proposed Parenting Plan, pursuant to Texas Family Code Section 153.603, fully completed and signed by the party, a single agreed Proposed Parenting plan signed by both parties, or must summarize the requested relief in brief complete sentences as part of a Proposed Disposition of Other Issues.  The form parenting plan is acceptable, and other forms are also acceptable.

(v) Additionally, each party must also prepare and deliver a Proposed Disposition of Other Issues, which must state separately in brief complete sentences each trial decision that is sought by the party that is not covered by the Proposed Property Division, Proposed Support Decision, or Proposed Parenting Plan.

(b) Where to File.  Each party must file the required forms with the District Clerk and deliver a copy to the opposing party.

(c) When to File.  Each party must file the required pre-trial forms and any amendment to pleadings two weeks prior to the trial setting.

Amendments to pre-trial forms and amendments to pleadings may be filed after the deadline above only by agreement of the parties or upon leave of court, which leave will be granted unless there is a showing that the filing will operate as a surprise to the opposite party.

30.3. Pre-Trial Procedure Before a Temporary or Interim Orders Hearing.  Before any hearing on temporary or interim orders in any divorce suit divorce suit or suit affecting the parent-child relationship (which include, but are not limited to, modification suits, paternity suits, and original suits) each party must prepare and deliver pre-trial forms as follows:

(a) Forms Required

(i) In any suit requiring a determination of child support or spousal maintenance, each party must prepare and deliver a Proposed Support Decision using the form using the form prescribed by the Texas Family Law Practice Manual published by the State Bar of Texas or a similarly appropriate form.  The form must be fully completed and signed by the party.

(ii) Additionally, unless the parties agree or stipulate to a party's income and/or net resources as defined by the Texas Family Code, each party is required to furnish copies of the party's preceding four payroll statements or paystubs and the party's preceding year's income tax return (if the tax return has been filed) to the judge (but not file) at the time of the hearing and to the opposing party prior to the hearing.

(iii) Compliance with this Rule does not change the responsibility to respond to discovery requests and to make initial disclosures.

(iv) Additionally, each party must also prepare and deliver a Proposed Disposition of Issues, which must state separately in brief complete sentences each trial decision that is sought by that party.

(b) To Whom Form Is Delivered.  Each party must deliver the required form to the opposing party and to the Judge hearing the case.

(c) When Form Is Delivered.  Each party must deliver the required form to the opposing party before the case is called for hearing, and to the Judge at the time of the hearing.

30.4. Not Required In IV-D Cases or Cases in the Child Protection Court.  Pre-trial forms are not required to be filed in cases filed in the IV-D Court or the Child Protection Court.

Pre-trial forms are not required to be filed by the Texas Attorney General's Office, The Texas Department of Family and Protective Services or the Hays County District Attorney's Office.

30.5. No Extensions or Waivers by Office of the District Court Administrator or by Agreement.  The office of the District Court Administrator is not authorized to extend the time for delivering pretrial forms.  The parties may not by agreement waive or modify the provisions or requirements of these rules.

30.6. Use as Evidence.  Subject to applicable rules of evidence, the pre-trial forms required by these rules may be used during the trial or hearing and may be marked as exhibits and offered in evidence.

30.7. Consequences for Failure to Comply

(a) All Parties Fail to Comply.  If all parties in a case fail to deliver pre-trial forms as required by these rules, the case will be required to be reset.

(b) A Party Fails to Comply.  If it appears that any party in a case failed to deliver pre-trial forms as required by these rules, the Court may conduct a pre-trial conference and the Court may impose one or more of the sanctions authorized by TRCP 215 against any party or attorney responsible for such failure.

(c) Issues Waived.  All issues not stated in pre-trial forms as required by these procedures will be deemed waived except upon a showing of good cause for failure to comply with these rules.

30.8. No Limitation on Texas Rules of Civil Procedure.  These rules must not be construed as a substitute for, or as any limitation on, any pre-trial or discovery provision(s) pursuant to the Texas Rules of Civil Procedure.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 30. Pre-Trials in Family Law Cases - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-hays-cty-dist-chapter-30/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard