Summary
In Harris County, Texas, the petitioners counsel is generally expected to provide the proposed order for review before submitting it to the court. While the Texas Rules of Civil Procedure do not explicitly mandate this, it is a common practice to ensure accuracy and fairness. If the proposed order is not shared, you can file a motion requesting the court to require submission of the proposed order for review. If time is short, consider filing a Motion for Continuance to postpone the hearing, allowing more time to address the issue. You can also request expedited review by contacting the court clerk. Ensure all motions are filed and served promptly, and schedule any hearings before the orders are entered.Full Conversation
Can you accurately cite case law
Sure, I can help you understand how case law citations work. Case law citations typically include the following elements:
- Case name
- Volume number
- Reporter abbreviation
- Page number
- Year of the decision
For example: *Roe v. Wade*, * U.S. * (*).
Is there a specific case you need help citing?
If I provide you with the modification that I drafted can you look it over amd look at the case law and my arguments ensuring its correct
Unfortunately, I can't review or verify the accuracy of legal documents or arguments. However, I can provide general guidance on how to ensure your citations and arguments are correct.
For case law citations:
- Ensure you have the correct case name, volume number, reporter abbreviation, page number, and year.
- Verify the legal principles and precedents established in the case align with your arguments.
Would you like information on how to check case law citations or arguments on your own?
Ok then what can you do jist answer specific legal questions?
I can certainly help answer specific legal questions and provide general legal information. If you have a particular question or issue, feel free to ask! What's the legal issue or question you need assistance with?
Can you provide strategy
Sure, I can provide general strategies for handling legal issues. To better assist you, could you please specify the type of legal issue you're dealing with (e.g., contract dispute, criminal defense, family law, etc.)? This will help me tailor the information to your needs.
Ok so there was a modification hearing and i was the defendant. The petioner counsel was tasked with writing the proposed order according to the comments made by the trial court court in the docket. However the Petitioner counsel is refusing to provide me with his proposed order and instead served me with the hearing that puts the orders into effect. This sounds fishy like hes trying to delay or not send me his drsft. Can he legally do this? Does he have to send me the proposed order with his renditions or not? Or does he have the authority to just ignore me and present his objections to the judges rulings on the day that the orders are supposed to be entered
The petitioner's counsel should generally provide the proposed order for your review before it is submitted to the court. This allows you to object if it doesn't accurately reflect the court's ruling. Rules about this can vary by jurisdiction.
Where are you located? This will help determine the specific rules that apply.
Harris county family court 247th
In Harris County, Texas, the petitioner's counsel is generally required to provide you with a copy of the proposed order before submitting it to the court. Texas Rules of Civil Procedure may have specific guidelines on this matter.
Would you like more detailed information on these rules?
Yea. Does he have to or doeshe avoid this by just sending me a notice of the hearing to enter the orders? What does the law specifically say
In Texas, specifically Harris County, the Texas Rules of Civil Procedure generally require that the proposed order be provided to the opposing party for review before it is submitted to the court. The relevant rules include:
- Rule 21a: Requires service of every pleading, plea, motion, and other form of request to other parties.
- Rule 306a: Requires notice of judgment to all parties involved.
Would you like more details on these rules or guidance on how to proceed?
Yeah please. But this doesnt technically say that he has to. If i upload what the court or copy and paste what the court said maybe u can have a better understanding
To assist you better, you can copy and paste what the court said. This will help me provide more accurate information regarding your situation.
Rendition following trial */*/*. Based on the pleadings on file and the evidence presented, the Court finds it has jurisdiction over this case and the parties. After review, the Petitioner's modification is GRANTED IN PART AND DENIED IN PART as follows: *. The requested permanent injunctions are DENIED. *. Regarding international travel: - Petitioner is GRANTED the exclusive rights to apply for the child’s passport and to renew the child’s passport. - Respondent shall sign an ”open” consent form, allowing Petitioner to travel with the child outside the United States, at any future date and time, so long as Petitioner provides Respondent with a ****tice of Intent for Child to Travel Outside the United States at least twenty-one (*) days before the intended day of departure. ****thing about this modification shall be construed as permitting mother to schedule travel that conflicts with father's periods of possession. *. Petitioner's request for attorney's fees is DENIED. *. Modification of child support is DENIED. *. Modification of terms for possession and access: Granted in part. 7 days before the possession period dad send the following information to mom in writing: (*) who will be supervising; (*) the meeting location; (*) the date, start time and end time of the visit. Petitioner's request for the Court to further limit the geographic bounds of the visit locations by court order is DENIED. DuCote to prepare initial proposed final order that conforms to this rendition. If the parties agree on the language the document may be submitted for signature without needing to appear at entry. Entry: */*/* at *:* a.m. [Zoom ID: *-*-*].
In Harris County, Texas, the court's rendition indicates that the Petitioner’s counsel, DuCote, is responsible for preparing the initial proposed final order. The rules do not explicitly require the proposed order to be shared beforehand, but it is standard practice to ensure accuracy and fairness. You should object to the court if the proposed order does not accurately reflect the rendition.
Would you like guidance on how to object to the proposed order or further information on the Texas Rules of Civil Procedure?
**** my problem is that you said the rule does not explicitly require the proposed order to be shared beforehand so then if he doesnt share it before hand that allows him the opportunity to draft it however he likes
You are right; the rules do not explicitly require it, but you can still protect your interests.
Consider these steps:
*. File a motion requesting the proposed order be shared with you before submission.
*. Prepare an objection if the order submitted doesn't reflect the court's rendition accurately.
Would you like more detailed guidance on filing a motion or preparing an objection?
Can i file this motion as a submission dockett or what?
You can file this motion in a submission docket, which allows the court to review and rule on your motion without a hearing. Ensure that your motion clearly states your request for the proposed order to be shared with you before submission.
Would you like guidance on drafting the motion?
Yes draft the motion
Sure! Here's a draft for your motion:
---
~In the 247th District Court of Harris County, Texas
Case ****.: [Your Case Number]
Petitioner: [Petitioner's Name]
Respondent: [Your Name]
Motion to Require Submission of Proposed Order for Review
To the Honorable Judge of Said Court:
Comes now, [Your Name], Respondent in the above-referenced matter, and respectfully submits this Motion to Require Submission of Proposed Order for Review, and in support thereof would show the Court as follows:
*.
Background: - A modification hearing was held on [hearing date].
- The Court issued a rendition on [date], partially granting and partially denying the Petitioner’s requested modifications.
*.
Court’s Rendition: - The Court directed Petitioner’s counsel, DuCote, to prepare the initial proposed final order conforming to the rendition.
*.
Issue: - To ensure the proposed order accurately reflects the Court’s rendition and to prevent any discrepancies or unfair advantages, it is essential that the proposed order be shared with the Respondent prior to submission.
*.
Request for Relief: - Respondent requests the Court to order Petitioner’s counsel to provide the proposed order to the Respondent at least [number] days before submitting it to the Court for final approval.
Wherefore, premises considered, Respondent respectfully requests that this Court order Petitioner’s counsel to provide the proposed order for review before submission, and grant such other and further relief to which Respondent may be entitled.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
---
Would you like more detailed guidance on any part of this process?
Ok well if the motion for entry is on the 13th do i have enough time to file and serve the opposing counsel
You should have enough time, but it depends on your local court rules and procedures. Typically, you must file and serve the motion at least a few days before the hearing.
Harris County Family Court
- Serve the opposing counsel promptly.
- Consider filing electronically for faster processing.
- Double-check with the court to ensure timely service.
Would you like more information on the filing process?
Well for a submission hearing he needs atleast 10 days notice correct?
Yes, for a submission hearing, at least 10 days notice is generally required. This allows sufficient time for all parties to review and respond to the motion.
Would you like more detailed guidance on the filing and serving process?
Ok so do i have enough time
Based on your timeline, you likely do not have sufficient time to file and serve the motion with the required *-day notice before the December 13th hearing. You may need to request an expedited review or seek legal advice for alternative solutions.
So then what kind of motion can i request which will provide me with enough time
You can file a Motion for Continuance to request a postponement of the hearing. This motion asks the court to reschedule the hearing date, giving you more time to prepare and address the proposed order issue.
Would you like a draft of the Motion for Continuance?
So in this continuance do i still have to provide him with a 10 day notice or not
In a Motion for Continuance, you generally need to provide notice to the opposing party. However, you can request an expedited hearing on the motion by explaining the urgency of the situation.
Would you like guidance on drafting the Motion for Continuance?
Yeah but how would i file this? Through the submission dockett or what?
Yes, you would file a Motion for Continuance through the submission docket, similar to other motions. Ensure it explains the urgency and requests expedited review.
Would you like a draft for the Motion for Continuance?
Yeah but how can i do that if i wont meet the 10 day deadline
You can file a Motion for Continuance and request an expedited review due to the urgency. Here's a draft:
---
~In the 247th District Court of Harris County, Texas~
Case ****.: [Your Case Number]
Petitioner: [Petitioner's Name]
Respondent: [Your Name]
Motion for Continuance and Request for Expedited Review
To the Honorable Judge of Said Court:
Comes now, [Your Name], Respondent in the above-referenced matter, and respectfully submits this Motion for Continuance and Request for Expedited Review, and in support thereof would show the Court as follows:
*. Background:
- A modification hearing is scheduled for December *, *.
- The Court issued a rendition on [date], partially granting and partially denying the Petitioner's requested modifications.
*. Issue:
- Additional time is required to address the proposed order issue and ensure fairness and accuracy.
- Due to the impending hearing date, there is insufficient time to file and serve the required motions with the standard *-day notice.
*. Request for Relief:
- Respondent requests the Court to continue thehearing date and provide a new date that allows sufficient time for proper review and response.
- Respondent further requests an expedited review of this Motion for Continuance due to the urgency and proximity of the current hearing date.
Prayer:
Wherefore, premises considered, Respondent respectfully requests that this Court grant a continuance of the hearing scheduled for December *, *, and set a new date that allows for sufficient preparation time, and grant such other and further relief to which Respondent may be entitled.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
---
Would you like more detailed guidance on the filing and serving process for this motion?
In this motion could i also ask that there be included the specific request for specifying and directing the opposing counsel to send me the proposed order or in the alternative that i be allowed to write the proposed order?
Yes, you can include a specific request for the opposing counsel to send you the proposed order or, alternatively, request permission to write the proposed order yourself. Here’s an updated draft:
---
~In the 247th District Court of Harris County, Texas
Case ****.: [Your Case Number]
Petitioner: [Petitioner's Name]
Respondent: [Your Name]
Motion for Continuance and Request for Expedited Review and Submission of Proposed Order
To the Honorable Judge of Said Court:
Comes now, [Your Name], Respondent in the above-referenced matter, and respectfully submits this Motion for Continuance and Request for Expedited Review and Submission of Proposed Order, and in support thereof would show the Court as follows:
*. Background:
- A modification hearing is scheduled for December *, *.
- The Court issued a rendition on [date], partially granting and partially denying the Petitioner's requested modifications.
*. Issue:
- Additional time is required to address the proposed order issue and ensure fairness and accuracy.
- Due to the impending hearing date, there is insufficient time to file and serve the required motions with thestandard *-day notice.
- Petitioner’s counsel, DuCote, has not provided the proposed order for review, which is necessary to ensure it accurately reflects the Court’s rendition.
*. Request for Relief:
- Respondent requests the Court to continue the hearing date and provide a new date that allows sufficient time for proper review and response.
- Respondent further requests an expedited review of this Motion for Continuance due to the urgency and proximity of the current hearing date.
- Respondent also requests the Court to order Petitioner’s counsel to provide the proposed order for review at least [number] days before submission or, alternatively, allow Respondent to draft the proposed order.
Prayer:
Wherefore, premises considered, Respondent respectfully requests that this Court grant a continuance of the hearing scheduled for December *, *, set a new date that allows for sufficient preparation time, order Petitioner’s counsel to provide the proposed order for review or allow Respondent to draft the proposed order, and grant such other and further relief to which Respondent may be entitled.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
---
Would you like
But i have to go on to this website directly and schedule the notice of hearing for a submission. So do i schedule this on a date before the orders entered hearing or on what day and does it matter? How can this be expedited do i have to call the court clerk and expedite it and then go from there or what
You should schedule the notice of hearing for a submission on a date before the orders entered hearing to ensure the court has time to review your motion. For expedited review:
*. Call the court clerk: Explain the urgency and request an expedited review.
*. File electronically: This speeds up the process.
Would you like more detailed guidance on contacting the court clerk?
So what do i do first. File the motion and schedule the date and then call the court clerk and notify the opposing counsel? And how far from now should i schedule the court date
First, file the Motion for Continuance and Request for Expedited Review electronically. Then, schedule the notice of hearing for a submission on a date before the orders entered hearing. Ideally, schedule it at least *-7 days before. After filing and scheduling, call the court clerk to explain the urgency and request expedited review. Lastly, notify the opposing counsel promptly.
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