How the Coronavirus Affects Texas Court Closures and Proceedings

As the coronavirus (COVID-19) continues to sweep the nation, governors and state officials are declaring states of emergency that change how their cities and states function. If you live in Texas and have a court date coming up, you're probably wondering how exactly COVID-19 may affect your case.

Governor Abbott has declared a state of disaster across all 254 Texas counties due to COVID-19. Understanding how the governor's declaration affects your court date will help you navigate this uncertain and stressful time.

Will Texas Courts Close Due to COVID-19?

The answer to this is: maybe. According to a series of emergency orders issued by the Texas Judicial Branch, county judges will decide whether or not courts remain open in their counties during the COVID-19 epidemic. You can read Texas Judicial Branch updates on COVID-19 and emergency orders by visiting their website.

Generally, it's safe to assume that COVID-19 will disrupt your court appearance in some way if you have a court date scheduled before May 8^th (when the state of disaster will lift). You can visit the Texas Judicial Branch's website to view which courts are currently closed. At the time of writing this article, courts in various counties like Falls and Bexar have closed entirely until further notice. Courts in some other counties, like Collin, have closed until early or mid-May. Many counties, like Bowie, are only hearing essential cases.

Whether or not courts are open during the COVID-19 pandemic may vary, even court-by-court. For example, the Dallas Rowlett Municipal Court is closed entirely and re-opens on April 6^th. The Dallas City of University Park Municipal Court, on the other hand, is postponing Open Court Sessions until April 1^st and keeping the clerk's window open in the interim.

Expect courts to continue closing as the coronavirus pandemic continues to escalate. Again, checking the Texas Judicial Branch website consistently will help you remain up-to-date on court closings.

How Will Court Hearings Proceed During the Coronavirus Pandemic?

Even if the court you have a hearing at is closed, you may still be able to participate in a hearing or other court process during the COVID-19 pandemic. A series of emergency orders by Governor Abbott and the Texas Judicial Branch specify the following procedures for court dates during the pandemic:

• Courts can modify or extend deadlines and processes up to June 7^th. Deadlines and procedures can be extended up to 30 days after the state of disaster lifts, which will occur on May 8^th (pending an extension of the state of disaster by Governor Abbott). Expect your court date to change as your court reacts to developments in the pandemic.
• Court proceedings might continue remotely. Currently, many courts are using the video teleconferencing software Zoom to conduct remote hearings, depositions, and other proceedings. Be aware that you may be asked to participate in a court procedure remotely. You should also be mindful that sworn statements made remotely can be considered evidence, even out of court.
• Your court date may be held at a different location. It's unlikely, but technically courts are allowed to continue with proceedings at a different, in-county location. Be prepared to show up at an unfamiliar location for your court date.
• If you have symptoms of COVID-19, the flu, a fever, or are coughing and sneezing, you must notify the court. Courts will notify every participant in a proceeding if anyone is experiencing these symptoms. Depending on the role of the participant in the proceeding, the court date may be adjusted or postponed to protect court members and other participants.
• Parents may need to seek amendments to possession arrangements. Currently, courts require parents who have possession arrangements to comply with those arrangements, regardless of the COVID-19 pandemic. A variety of factors, such as work-from-home arrangements and school closings, may require parents to re-negotiate possession arrangements during the COVID-19 epidemic. If you want to amend your possession arrangement during this time, seek the help of an experienced family law attorney.
• Local, state, and national group-size restrictions take precedence over court-specific limits. For example, if the government mandates that no group larger than five people can aggregate at any time in a court, that order supersedes any local group-size limits it may conflict with.
• Proceedings for evictions and recovery of residential property are currently postponed until April 19^th. This date is subject to change as the COVID-19 pandemic continues to progress. Landlords may file new eviction notices during this time, but the proceedings will be postponed until the specified date in the most recent emergency order by Governor Abbott and the Texas Judicial Branch.

Checking the Texas Judicial Website frequently will help you understand how the COVID-19 pandemic affects your court date. An experienced family law attorney can also help you navigate your court date during the pandemic if your case is family law-related.

Reach Out to Our Experienced Family Law Team and Get the Information You Need!

At the Law Office of Kathryn Marteeny, we understand how nerve-wracking a court appearance can be. Our experienced, compassionate team can help you understand how the coronavirus pandemic will affect your upcoming court date and navigate this situation successfully.