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 39 – Issued 7/19/2021

Renews the Texas Eviction Diversion Program for tenants and landlords under a statewide rental 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 (including county courts hearing trials de novo on appeal from a justice court) to provide tenants with information about the program, and makes court records for participants confidential while eviction cases are delayed. The order also outlines procedure for reinstating evictions. Without such reinstatement, eviction cases will be subject to dismissal.

Eligibility for rental assistance under the program will be administered by the Texas Department of Housing and Community Affairs. More information and online application for rental assistance is available at the Texas Coronavirus Relief Bill Rental Assistance Program website.

The order expires October 1 unless extended.

Emergency Order 40 – Issued 7/19/2021

The order permits courts to modify or suspend deadlines and procedures through 10/1; permits courts to continue to use reasonable efforts to hold proceedings remotely; permits all courts to hold in-person proceedings, including jury trials; encourages the adoption of minimum standard health protocols and an in-person schedule; terminates locally adopted plans and minimum standard health protocols unless readopted by local officials on or before 9/1; and permits courts to hold virtual jury proceedings in certain cases with technology provided to certain prospective jurors.

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