Published by Ben Beveridge | December 31, 2023 | Firm News
Proper Notice: The Foundation of Due Process
In the realm of Texas family law, understanding the intricacies of notice requirements is vital. Many of you are navigating legal proceedings in Brazoria County, primarily within the 461st District Court presided over by Judge Bulanek, and the 300th District Court presided over by Judge Bradshaw. Additionally, some of you may be involved in Galveston County’s Family Law Courts, including the 306th District Court and Galveston County Court at Law 1, 2, and 3.
The Consequences of Inadequate Notice
Now, let’s explore the critical role of proper notice in Texas legal proceedings, and how it directly affects your pursuit of equal access to your children.
Notice Citing Non-Filed Motions
The notice you file must be specific about the motion to be heard during the hearing, including its name and filing date. Failure to do so can lead to issues of due process, as seen in the case of Mathis v. Lockwood, 166 S.W.3d 743, 746 (Tex. 2005). This case underscored the importance of proper notice and a hearing in orders regarding temporary conservatorship of children, as also mandated by Tex. Fam. Code Ann. § 105.001(b) and In re D.D., 661 S.W.3d at 617.
Evidence of Service of Notice
It’s essential to provide evidence of notice service during the hearing, often accomplished by including an automated certificate of service. This was a significant issue in cases like In re Chester, 357 S.W.3d 103, 106 (Tex. App.-San Antonio 2011), highlighting the necessity of confirmed notice and a hearing in sensitive matters.
Compliance with Texas Rule of Civil Procedure 21(b)
New notice requirements under Tex. R. Civ. P. 21(b) became effective on February 1, 2023. These requirements include instructions for submitting evidence and information for participants to engage in judicial proceedings. The failure to include such information can be significant, especially in default hearings, as outlined in Wilson v. Dunn, 800 S.W.2d 833, 837 (Tex.1990). Accurate court information is also crucial, emphasized by cases like Uvalde Country Club v. Martin Linen Supply Co., Inc., 690 S.W.2d 884, 885 (Tex.1985).
Understanding Contested Final Hearings
In the course of your legal journey, you may face a contested final hearing when both parties disagree on case issues, prompting a judge’s intervention. During such hearings, adherence to court rules of evidence and procedure is crucial. Given their complexity, it’s advisable to consult with an attorney before proceeding.
Can I set a contested final hearing if I’m the Respondent?
Yes, either party can initiate a contested final hearing. If you are the Respondent, ensure you file a Counter-Petition detailing the orders you want the judge to issue.
How much notice do I have to give the other side?
You must provide the other side with at least 45 days’ notice of the final hearing. Merely informing them won’t suffice; you must provide legally acceptable notice and prove it to the judge. Here are the steps involved:
- Pre-Trial Forms: These forms offer detailed case information to the judge. Check with the clerk to confirm if pre-trial forms are required, and complete and submit them as needed.
- Mediation: Some counties mandate mediation before proceeding to a contested final hearing. Consult an attorney to understand your options and negotiate a fair agreement. In cases of family violence, you can file a motion to waive the mediation requirement.
How do I prepare for my hearing?
Every hearing is unique, so it’s essential to consult with an attorney about your specific case.
Are the steps different if my case is uncontested?
Yes, if your case is uncontested (agreed or default), a contested final hearing isn’t necessary. Contact the clerk’s office to learn about handling uncontested family law cases.
What are the steps to set a contested final hearing?
For a detailed explanation of setting a contested final hearing, refer to the TexasLawHelp guide titled “Steps to Set a Contested Final Hearing in a Family Law Case.” Key steps include:
- Print a Notice of Final Hearing form.
- Learn when the judge schedules contested final hearings.
- Communicate with the other side (if possible).
- Schedule the contested final hearing.
- Complete the Notice of Final Hearing form.
- Make copies of the Notice of Final Hearing form.
- File the Notice of Final Hearing form.
- Send a file-stamped copy of the Notice of Final Hearing to the other side.
Conclusion: Empowering You to Act
In Brazoria and Galveston Counties, your journey to equal access to your children is paramount. My personal commitment, coupled with The Beveridge Law Firm’s expertise, positions us to be your unwavering advocates.
Our office is located at 410 South 2nd Street, Alvin, Texas 77511, and we are ready to stand by your side and fight for your rights as a parent. Remember, you are not alone in this journey. We’re here to support you every step of the way.
