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255th DISTRICT COURT POLICIES & PROCEDURES

May 1, 2002

1.         This court has a "daily" docket. There are no docket calls except for when the case is

set for trial. Preferential settings can be obtained at pre trial on a case by case basis.

All other trial settings can be obtained from the coordinator.

2.         The criteria for granting attorney's fees include not only the hourly rate of the

attorneys but those of qualified legal assistants as well. Law clerk time for research

can also be included but additional charges for support staff should be included in the

justification for attorney hourly rates along with other overhead items such as copiers,

computers, fax machines, etc.

3.         Guardian ad litems may be appointed in custody cases where there are allegations of

child abuse, parental alienation, or where there is a conflict of interests. Attorneys ad

litem are appointed in publication and where appropriate, termination cases if they are

indigent. This Court also makes use of the public defender's office for these

appointments. The standard fee for court appointed guardians/attorneys is $100.00

per hour, in court and $80 per hour, out of court..

4.         Courtroom decorum. Counsel should rise when addressing the Court, remain seated

when examining witnesses and request to approach the witness. Water may be

brought to the counsel table. Other beverages should be consumed outside the

courtroom. Attire for counsel should be business dress for women and coat and tie

for men. The summer rules allow removal of the jacket when the temperature of the

courtroom is above 76 or with permission of the Court. Parties and witnesses should

not wear blue jeans, shorts, halter tops, sandals or shirts without collars.

5.         Motions should be set for hearing by one of the clerks and will usually be set at 9:00

a.m. or 1:00p.m. Attorney conferences are scheduled on Tuesday through Friday at

8:30 a.m.

6.         The coordinator is the contact person for all motions. Expedited hearings can be

obtained from the coordinator or the Judge.

7.         This Court will grant a divorce based upon the stipulated testimony of a party. The

stipulation form is different if children are involved.

8.         The Court would appreciate a courtesy copy of a document that has been offered into

evidence as an exhibit.

9.         Notice of rulings are done from the bench or in writing. Parties should not contact

the court directly.

10.       This court follows the legislative guidelines for support and visitation whether it is a

"waiver" or a "default." This court also has a policy that a domicile restriction is

presumed to be in the best interests of a child(ren). This presumption is rebuttable.

11.       Failure of a party to file an inventory or appear at a pre-trial as ordered can result in

sanctions, including striking pleadings or dismissing the case.

12.       Show cause hearings on the Associate Judge's regular docket should not exceed 45

minutes. If more time is needed, a special setting should be requested. At present we

do not impose time limitations on temporary custody matters. The length of time a

modification or property division may take is determined at pre-trial and then the

parties are held to those time limits.

13.       I encourage frequent pre-trial conferences either regularly scheduled or as "drop in" if

the court is not in trial

14.       There is no prohibition against contacting the court or its staff about court rules or

procedural matters and settings. There should not be any attempt to ex parte the court

regarding the merits of a case.

15.       The Associate Judge hears all temporary matters, protective orders, temporary

restraining orders, motions, discovery and Finals if attorneys agree and Court

Reporter is present. Also writs of habeas corpus, enforcements, special appearances,

transfers modifications of support and/or visitation and receiverships.

16.       Special masters would be used to monitor discovery disputes in complex cases and

payment of interim attorney's fees. The are also used to perform evaluations and

some types of accounting.

17.       Receivers are appointed as a last resort to sell property or manage a business

enterprise.

18.       Telephone conferences can be held to resolve motions or other matters. They are

arranged with the court or the coordinator.

19.       A trial will be continued is there is a valid motion for continuance or an agreement by

the parties. The timing of the granting of the motion depends entirely on the

circumstances involved. Contested motions should be brought to the court's attention

as soon as possible. Withdrawl by or discharge of an attorney is not grounds for a

continuance.

20.       All cases involving custody or visitation disputes are required to go to mediation. If

the parties cannot agree on a mediator, the court will appoint one. Mediation is

encouraged in all cases which will take more than a day of trial.

21.       Social studies are required in all contested custody cases and all adoptions.

22.       Interim attorneys fees will be awarded where there are funds available and to equalize

the parties' access to funds for this purpose.

23.       Joint managing conservatorship is presumed to be in the best interests of the children

and will be ordered unless the party opposing it successfully rebuts the presumption.

A restriction on the domicile of the child(ren) is also presumed to be in their best

interest.

24.       Services of a mental health professional may be ordered in contested custody cases

upon proper motion of a party.

25.       Dismissal dockets are held on the 12th of each month for inactive cases and cases

which fail to appear for pre-trial. Motions to retain should be accompanied by a pre-

trial setting. The coordinator handles this docket.

26.       In all cases involving custody of children, even waivers and defaults, the parties and

children between the ages of 4 and 15 are required to complete the Dallas OK

program. All affidavits of inability to pay costs will be examined for compliance

with the applicable Rule and if not found to be in compliance will be contested unless

the party is already receiving public assistance or has otherwise qualified for

assistance through some other agency, i.e. legal aid, food stamps, etc..

27.       Pet peeves are unresponsive witnesses, people who interrupt, chew gum in court and

who are not punctual. It is also helpful to the court when the pages requiring a

signature are flagged.

255th Policies & Procedures

8/1/01