Published by Ben Beveridge | November 18, 2023 | Firm News
Discover the rules governing the 300th District Court in Brazoria County, Texas, under Presiding Judge Chad D. Bradshaw and Associate Judge Leigh Lehmann. These rules below provides essential information on contact details, docket schedules, and procedures for criminal and family cases.
A link to the rules on the Court’s website can be found here.
Parents involved in family law cases at the 300th District Court in Brazoria County should be aware of key guidelines:
- Contact Information: Reach out to the court via email or fax for general information or questions. Pleadings must be e-filed through the District Clerk’s Office.
- Pre-trial Procedures: In family cases, contact Court Coordinator Deana Lycka for pre-trial and trial dates. Provide information on contested issues, trial readiness, and custody matters at pre-trial settings.
- Docket Schedule: The court’s docket includes non-jury family matters, criminal jury trials, family jury trials, and special settings. Uncontested matters are heard Tuesday-Friday at 8:30 a.m.
- Courtesy Copies: Submit court copies for pleadings on the hearing day, briefs, proposed division of property, trial inventory, and exhibits.
- Mediation: While not mandated, the court considers mediation motions on a case-by-case basis.
- Technology and Zoom Participation: Parties can request Zoom participation, following Texas Rules of Civil Procedure. Permission must be obtained in advance.
- Scheduling Orders: Obtain a scheduling order from the Court Coordinator after temporary orders hearings.
- Child Custody Matters: The court may require a Child Custody Evaluation or an Amicus Attorney in custody disputes.
- Documentation Requirements: Ensure updated inventory, appraisements, financial statements, and proposed division of property are prepared and submitted on time.
- Ex Parte Relief and Protective Orders: Parties must be present for requests, and proposed TROs should be filed with the District Clerk’s Office.
- Drug Testing: The court may order drug testing based on presented evidence.
- In Chambers Conferences: The court attempts to schedule conferences with children after school hours, coordinated through the Court Coordinator.
300th District Court General Guidelines
Judges:
Presiding Judge-Chad D. Bradshaw
Associate Judge-Leigh Lehmann
Court Address:
Staff:
111 E. Locust
Room 401
Angleton, Texas 77515
Court Coordinator-Deana Lycka [email protected]
Court Reporter-Sarah Caldwell [email protected]
AJ Court Reporter-Clarisia Ramirez [email protected]
Bailiffs-Robert Thomas and David Campbell
Criminal Court Administrator-Krystal Brooks [email protected]
979.864.1263 or 281.756.1263
General Information:
• Can the Court be contacted by e-mail or fax?
Yes, for general information and questions, to request settings or if attorneys or parties
are running late. All pleadings are to be filed through the District Clerk’s Office by
e-filing. Proposed Orders are to bee-filed for the Court’s e-signature. Please DO NOT
use fax or e-mail for Orders.
Fax- 979.964.1138
• Does the Court accept filings by e-mail or fax?
No. ALL Pleadings, Motions and Orders are to be e-filed with the Brazoria County District
Clerk’s Office. Contact the Clerk’s Office for guidelines and information at 979.864.1316
Or 281.756.1316, or www.brazoria-county.com/dclerk
• What is the preferred method for contacting the Court?
Criminal cases- Contact the Criminal Court Administrator, Krystal Brooks, at
979.864.1263 or 281.756.1263 or by e-mail at [email protected]
Family cases-Contact the Court Coordinator, Deana lycka, at
[email protected]
• What is your procedure regarding pre-trial conferences and Scheduling Orders?
Criminal cases-Contact Criminal Court Administrator, Krystal Brooks, at
979.864.1263 or 281.756.1263 or by email at [email protected]
for all pre-trial settings.
Family Cases-Contact Deana Lycka for all pre-trial dates and trial dates (jury and non-jury}
at [email protected]
Counsel’s announcement at pre-trial setting (family cases} should include a statement of
the contested issues, whether counsel is ready or not ready for trial, estimate of number
of hours or days for trial, whether the case is a jury or non-jury case, if there are any
ancillary issues as yet unresolved such as discovery matters and, if custody is an issue,
whether a child custody evaluation has been completed or an Amicus appointed for the
case. In the event there are any Daubert issues or Limine motions to be heard, advise the
Coordinator when setting the Pre-trial motion so as to enable the Court to schedule a
separate hearing on the motions.
• What is the Court’s general docket schedule?
—–All dockets for the Presiding Judge of the 300th District Court are called at 9:00a.m.
The Presiding Judge hears all contested matters on the merits including, but not limited
to, custody matters, divorce actions, enforcements, modifications, etc.
—–All dockets for the Associate Judge of the 300th District Court are as follows:
8:30a.m. – Uncontested matters
9:30a.m. -Temporary Orders, Protective Orders, Ancillary matters
9:00a.m. – Family jury trials
The Associate Judge hears all temporary hearings, protective order hearings and ancillary
matters.
300th Court Dockets-
1st week- Non-jury Family matters including merits and enforcements;
2nd week – Criminal jury trials:
3rd week – Family jury trials;
4th week – Non-jury Family cases including merits and enforcements;
5th week – (as applicable during the year) – Non-jury Family matters or Special setting
AJ Court Dockets-
Monday through Wednesday – Non-jury Family matters including temporary orders,
protective orders and ancillary matters.
Thursday – CPS dockets
Friday of each week – Associate Judge Lehmann conducts hearings, separate and apart
from the regular dockets, on various Temporary and Final matters. All hearings scheduled
for Fridays must be pre-approved by Associate Judge Lehmann. Hearings on Final Merits
require the consent of both sides to proceed before the AJ with signed waiver of de novo
appeal. Additionally, Associate Judge Lehmann conducts the Domestic Violence Court
every other Friday.
• When, if ever, do you want a court copy (“courtesy copy”) of pleadings?
Family cases-
1. Pleadings filed on the day of the hearing
2. Brief in support of motion with cases attached
3. Proposed Division of Property
4. Trial Inventory and Appraisement
5. Exhibits intended to be admitted at the hearing or trial
• What equipment is available in the courtroom for use by counsel?
1. Blackboard/Whiteboard with markers and chalk
2. Chart stand
3. Overhead projector with screen (make sure to notify Court Coordinator of request so
the equipment will be available)
4. Video equipment limited to HD TV in jury room with DVD/disc player
5. Sound system is equipped to connect to computer for audio presentation
• Under what circumstances do you require mediation?
Mediation is not mandated by this court before Temporary Orders or Final Merits
hearings. The Court will consider, on a case-by-case basis, all motions presented by either
party.
• What is your policy concerning preferential settings?
This Court rarely allows for preferential settings unless the case involves aggravated
circumstances on a CPS matter or by special permission. The best method to obtain a
good setting is to work with the Court Coordinator to set far enough out to approach the
top of the docket.
Family Cases – All parties shall adhere to the Standing Order of the Court for Final Trial
(Jury and Non-Jury). If there is any conflict between that Standing Order and these
General Guidelines the provisions of the Standing Order shall prevail.
• In all court proceedings, any party requesting to participate or have a witness or other
party participate by Zoom must provide proper notice of that fact as required by Rules
21(b) and 21(d) of the Texas Rules of Civil Procedure and obtain permission from the
Court. Permission must be obtained prior to the date of the scheduled court proceeding.
To obtain permission, a party seeking to appear by Zoom or requesting to have a witness
or other party to appear by zoom, must file a motion with the court, give proper notice,
and appear in person to prosecute the motion.
• Contact the Court Coordinator prior to filing any Motions/TRO/PO/Scheduling
Order/Order to Appear to obtain a hearing date in advance of filing all pleadings, which
require hearing dates.
• The Court hears uncontested matters Tuesday-Friday at 8:30a.m. in front of the Associate
Judge. Counsel or Pro Se party should contact the Court Coordinator by email to schedule
an uncontested hearing. The Court Coordinator will set the matter on the first available
date on a first-come/first-served basis.
• Temporary Orders hearings are limited in time to two (2) hours and limited in witnesses
to the parties and any experts or custodian of records. The Court, in its discretion, may
extend this time and allow additional witnesses on a case-by-case basis depending on the
issues involved.
• The Court requires either a Child Custody Evaluation or an Amicus Attorney, but not both,
on all cases where there is a custody dispute. Contact the Court or the Court Coordinator
prior to trial on the merits for a list of approved Child Custody Evaluators. The Court will
designate an Amicus from the list of pre-approved attorneys. This list is also available on
the Court’s website.
• In addition to compliance with Rule 194.4 TRCP, the parties shall adhere to the following:
-Updated Inventory and appraisements are required at the time of final trial. The Court
can only divide that which is presented on the date of trial in the l&A.
-All Exhibits should be pre-marked and exchanged with opposing counsel (or party, if
prose) not later than three (3) days prior to final trial on the merits.
-Current and signed Financial Information Statement (including last pay stub and most
Recent W-2) are required at the time of the hearing on Temporary Orders and Merits
(a pre-approved form is available online at the Court’s website).
-Counsel shall prepare “Proposed Division of Property” and submit same to the Court at
the start of the trial.
-Counsel shall notify the Court of any Daubert challenges at the time of the pre-trial
conference and request a separate hearing date from the Court Coordinator on these
issues.
• Counsel shall obtain a Scheduling Order {SO} from the Court Coordinator at the end of the
hearing on Temporary Orders, or on submission of Agreed Temporary Orders, with dates
for all pre-trial matters inserted in the pre-approved SO from the Court. Scheduling
Orders are available in the court or on the Court’s website. In the event dates or omitted
from the SO, the Court will utilize the times provided for by the Texas Rules of Civil
Procedure.
• Rule 11 Agreement forms are available in the court or on the Court’s website.
• The Court does not require drug testing but will order same if sufficient evidence is
presented to warrant Urinalysis (UA) testing. The pre-approved forms and procedures for
UA testing are available in the court. UA testing can be performed the day of the request.
• Failure to prepare an updated Inventory and Appraisement, Financial Information
Statement or Proposed Division may result in the case being reset by the Court unless the
failure to provide said documents is deemed an attempt to delay the final trial.
• All requests for Ex Parte Extraordinary Relief and Protective Orders require the party to
be present at time of request.
• All Temporary Restraining Orders (TRO’s) will be rejected unless they are Mutual TRO’s,
save and except requests for extraordinary relief, which must be supported by sworn
affidavit and sworn testimony. Parties’ and attorneys’ presence are not required for the
granting of Ex Parte Mutual TRO’s, unless extraordinary relief is requested. Proposed
TRO’s are to bee-filed with the District Clerk’s Office.
• Qualified Domestic Relations Orders (QDRO’s) require signature of both parties or both
Attorneys, if counsel involved on both sides of the case.
• The Court will attempt to schedule in chambers conferences with children after school
hours (during school year) so as to allow the child(ren) to attend school. Contact the
Court Coordinator to schedule time with either the Associate Judge or the Presiding
Judge. DO NOT bring the child to Court to sit and wait all day for the conference. DO NOT
bring the child(ren) into the courtroom.