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SURVIVAL SKILLS FOR PRACTICE IN THE 301st DISTRICT COURT

Proveups

Every morning from 8:30 a.m. and continuing until first contested case is ready. Court will hear

proveups at other times per arrangement with the coordinator. Adoption proveups are given

special attention with stuffed animals for the children and pictures. A Spanish translator is

provided the first and third Friday of each month for prove ups.

Contempt

Mondays at 9:00 a.m. Contempts taking longer than I hour may need to be specially set. Court

does not sign Show Cause Orders with Requests for Production on Contempts.

Pre-Trials

Pre-trial requests are made with the coordinator with the Court's form that allows for default

if a party does not appear. The person requesting the pre-trial is responsible for notifying all

other attorneys and pro se parties in writing in accordance with TRCP 21a. Pre-trials are heard

Monday from 1:30 p.m. to 4:00 p.m. Pre-trial may be waived by the Judge on limited issue

cases.

Dismissal Docket

The AJ and coordinator together handle this docket usually on the first Thursday of the month.

Green letter notices prompt attendance at this docket. Newly filed cases are immediately set on

a dismissal docket. This means that if you represent the Respondent, are the Respondent or

Substitute into a case there will already be a date set for dismissal. A copy of the notice with the

date and time will be in Court jacket. If an attorney cannot attend the Dismissal Docket because

of a trial or mediation setting, you may email or approach the coordinator for a new Dismissal

or Pre-trial setting.

Reinstatements

Must file a verified motion and get a setting in front of the AJ. If it is an Agreed Reinstatement,

leave space in the Order for the Judge to interlineate a pretrial or trial setting.

Judge Hears

Final trials (jury and non-jury); final custody modifications; contempts; appeals from AJ and

IV-D; Motions for Continuance, to Set Aside or Vacate, to Enter Judgment, for Summary

Judgment; Bill of Review, and any matter not referred to AJ.

AJ hears

All temporary hearing; TRO's; final trials on child support modifications; writs of attachment

and Habeas Corpus; all discovery disputes.

Appeals

Tho Coordinator gives settings on appeals. Appeals are customarily docketed for one hour.

Child Support

All final and temporary child support orders must have a wage withholding order (per TFC

Section 154.001). Child support must be ordered through the Texas Central Disbursement Unit,

with monitoring by the Dallas County Child Support Office. The BLUE FORM must be

completed before signing any Temporary or Final Orders.

Continuances or Mediated Settlement Agreements

After receipt of a pre-trial or trial setting, if you have an MSA, you may pass your Pre-Trial or

Trial setting by calling or emailing the coordinator to advise her of your MSA. You will be sent

a Notice to prove up or dismiss the case by a date certain. No shows at trial or pre-trial may

result in a dismissal if no notice has been given the court of the MSA.

Final Order

Please submit order or attain a setting on a Motion to Enter withing 30 days of trial.

Termination/Adoptions

The Court requires an amicus on a termination.

Family Violence

All temporary orders and final orders with custody or possession provisions, must contain

the Family Violence Statement as follows: "lt has been represented to the court that there has

been no pattern of child neglect or family violence by any party to this case within two years

preceding the filing of this case or during the pendency of this case."

Affidavit of Inability to Pay

All affidavits of inability to pay are reviewed by the court. lf not conclusive or defective, a letter

will be sent to the attorney/pro se party who then has 45 days to pay all costs or set a hearing on

the issue. Only emergency action will be handled on the case until resolution of the affidavit.

Publications and Posting

Your client or you must be able under oath to testify as to the due diligence they have exercised

since the filing of the action. Ad litems for the missing party on publications must have made

independent investigation for the missing respondent.

Mediation

Mediation is mandatory in all contested cases. The Court sometimes waives mediation if the

trial will only take ½ to 1 hour.

Translators

Translators will be provided pursuant to the policies in the County contract. The contract

requires 7 days notice for most languages. Please complete a translator request form, available

in the clerk's office, with the date and time of the hearing so the Coordinator can place the

request. A Spanish Translator is provided for prove ups the First and Third Friday of each month

for prove ups. Please note - Deaf interpreters require more advanced notice.

Inventories and Proposed Divisions

All contested cases with property issues will not go to trial without an Inventory and

Appraisement and a Proposed Property Division.

Summary Judgment

Most summary judgment motions may be handled by submission instead of oral argument.

Pro Se Actions

Pro se litigants may submit their orders to the Associate Judge for review. Once approved

they may do the prove up on the next available Friday beginning at 8:15 a.m.

Stipulation Divorces

Stipulations are granted in very few instances, such as litigants who are in the military.