This order may be adapted for a variety of emergency situations and should be amended as necessary to reflect the specific procedures and protocols in place in the issuing court.
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Include the following notice if a minor is named in the caption or if the order contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order on Motion for Use of Emergency Procedures
On [date] the Court considered the Motion for Use of Emergency Procedures of [name of movant]. [Include if applicable: The Court finds that the parties have agreed to the motion as evidenced by the signatures of their attorneys [include if applicable: and the signature of the [Guardian Ad Litem/Attorney Ad Litem/Amicus Attorney]] appearing below.]
1.Motion [Granted/Denied]
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Select one of the following. |
The motion is GRANTED as follows:
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Or |
The motion is GRANTED IN PART and DENIED IN PART as follows:
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Or |
The motion is DENIED.
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If the motion is denied, continue with the date of the order and the judge’s signature. If the motion is granted or granted in part, continue with the following as applicable. |
2.Modified Deadlines
IT IS ORDERED that the following deadlines are modified:
a.The deadline for [deadline’s description] is [[date]/[description of how to calculate the date, for example, 60 days before date of final hearing]].
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Repeat for other modified deadlines. |
3.Suspended Deadlines
IT IS ORDERED that the following deadlines are suspended:
a.The deadline for [deadline’s description].
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Repeat for other suspended deadlines. |
4.Modified Procedures
IT IS ORDERED that the following procedures are modified:
a.[Description of modified procedure].
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Repeat for other modified procedures. |
5.Suspended Procedures
IT IS ORDERED that the following procedures are suspended:
a.[Description of suspended procedure].
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Repeat for other suspended procedures. |
6.Depositions by Remote Electronic Means
IT IS ORDERED that if a party takes an oral deposition by a remote electronic means in which the deponent appears live on video to a person authorized to administer oaths in the jurisdiction in which the witness is located, the person may administer the oath to the deponent, notwithstanding the requirements of rule 199.1(b) of the Texas Rules of Civil Procedure. A party using Zoom may record an oral deposition by other than stenographic means using Zoom’s record function, if the party complies with rule 199.1 as modified by this order.
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Include 7. if permitted by the order for emergency procedures. |
7.Sworn Statements [and Unsworn Declarations] as Evidence
IT IS ORDERED that sworn statements [include if applicable: and unsworn declarations] made out of court will be considered as evidence. [Include if applicable: Specifically, the Court will consider as evidence an [affidavit/unsworn declaration] from [name of witness] as evidence in [a/the] [description of proceeding].] Unless waived by each party, IT IS ORDERED that each out-of-court sworn statement [include if applicable: and unsworn declaration] to be submitted as evidence must be served on each party not less than [number] days before the proceeding in which it is to be considered as evidence. Unless waived by each party, IT IS FURTHER ORDERED that each out-of-court sworn statement [include if applicable: or unsworn declaration] offered as rebuttal evidence must be served on each party not less than [number] days before the proceeding in which it is to be considered as rebuttal evidence.
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Include 8. to the extent permitted by the order for emergency procedures. |
8.Proceedings at an Alternative Location
IT IS ORDERED that the Court will conduct the following proceedings in this suit away from the Court’s usual location:
a.On [date], the Court will hold the [description of proceeding] at [address].
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Repeat for other proceedings to be held at alternative locations. |
The Court finds that [the/each] alternative location offers reasonable access to the participants and the public. The Court will be responsible for providing reasonable notice to the public.
9.Other Orders
The Court makes the following additional orders that are necessary and equitable for proceedings in this suit [include if applicable: and for the safety and welfare of the child[ren]]: [additional orders].
10.Court and Court Coordinator’s Contact Information
The Court’s email address is [email address]. The court coordinator’s email address and telephone number are [email address] and [telephone number].
11.Duration of Order
This order shall continue in force until the earlier of [[date]/thirty days after the state of disaster in this county is lifted] or further order of this Court, including the signing of a final judgment.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO [FORM ONLY/BOTH FORM AND SUBSTANCE]:
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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Include the following if applicable. |
[Name]
[Guardian Ad Litem/Attorney Ad Litem/Amicus Attorney]
State Bar No.: [if applicable]
[Email address]
[Address]
[Telephone]
[Fax]