Running List of Texas Supreme Court Emergency Orders affecting Texas Bar Books Practice Manuals

Running List of Texas Supreme Court Emergency Orders affecting Texas Bar Books Practice Manuals

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Texas Bar Books Staff

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The Texas Supreme Court has issued a number of temporary emergency orders in response to the Coronavirus pandemic, some of which are relevant to Texas Bar Books practice manuals. Please review the following list to see which orders apply to your manual. A complete list of the emergency orders can be found on the court’s website.

Emergency Order 25 – Issued 9/17/2020

Requires certain information in an eviction petition and included with an eviction citation; limits proceeding with eviction proceedings in certain circumstances. Eviction proceedings must comply with the federal CARES Act.

Emergency Order 26 – Issued 9/18/2020

Permits courts to modify or suspend deadlines and procedures through 12/1; requires courts to continue to use all reasonable efforts to hold proceedings remotely and to follow the Office of Court Administration’s Guidance for All Court Proceedings; prohibits Justice and Municipal Courts from holding in-person jury proceedings prior to 12/1; permits district, county, and probate courts to hold in-person jury trials after taking certain actions; permits courts to hold virtual jury proceedings in certain cases with certain technology provided to prospective jurors; extends the possession and access to a child provisions from previous orders; extends the ability for an attorney professional disciplinary or disability proceeding to conduct proceedings remotely.

Emergency Order 27 – Issued 9/25/2020

Establishes eviction procedures (the Texas Eviction Diversion Program) for tenants and landlords under a statewide housing-assistance program intended to avoid evictions for tenants behind on rent. The order allows an eviction proceeding to be abated by agreement for 60 days, requires courts to provide tenants with information about the program, and makes court records for participants confidential while eviction cases are delayed. The order also outlines procedures for reinstating evictions. Without such reinstatement, eviction cases will be subject to dismissal. The order expires on December 18. and is effective October 12 for “pilot” counties established by the Office of Court Administration and November 9 for all other Texas counties.

The Texas Eviction Diversion Program is supported by Gov. Greg Abbott's commitment of $171 million in federal money for landlords to provide an eviction alternative. Eligibility for rental assistance under the program will be administered by the Texas Department of Housing and Community Affairs.

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