CIVIL PRACTICE & REMEDIES CODE
CHAPTER 30. MISCELLANEOUS PROVISIONS
§ 30.001. INSTRUMENT TO WAIVE SERVICE OR CONFESS
JUDGMENT. In an instrument executed before suit is brought, a
person may not accept service and waive process, enter an
appearance in open court, or confess a judgment.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 30.002. EXPIRATION OF JUDGE'S TERM; DEATH OF
JUDGE. (a) If a district or county judge's term of office expires
before the adjournment of the court term at which a case may be
tried or during the period prescribed for filing a statement of
facts and a bill of exceptions or findings of fact and conclusions
of law, the judge may approve the statement of facts and bill of
exceptions or file findings of fact and conclusions of law in the
case.
(b) If a district or county judge dies before he approves
the statement of facts and bill of exceptions or files findings of
fact and conclusions of law in a case pending at his death, they may
be approved or filed by the judge's successor as provided by Rule
18, Texas Rules of Civil Procedure.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 30.003. LEGISLATIVE CONTINUANCE. (a) This section
applies to any criminal or civil suit, including matters of
probate, and to any matters ancillary to the suit that require
action by or the attendance of an attorney, including appeals but
excluding temporary restraining orders.
(b) Except as provided by Subsections (c) and (c-1), at any
time within 30 days of a date when the legislature is to be in
session, at any time during a legislative session, or when the
legislature sits as a constitutional convention, the court on
application shall continue a case in which a party applying for the
continuance or the attorney for that party is a member or
member-elect of the legislature and will be or is attending a
legislative session. The court shall continue the case until 30
days after the date on which the legislature adjourns.
(c) Except as provided by Subsection (c-1), if the attorney
for a party to the case is a member or member-elect of the
legislature who was employed on or after the 30th day before the
date on which the suit is set for trial, the continuance is
discretionary with the court.
(c-1) If the attorney for a party to any criminal case is a
member or member-elect of the legislature who was employed on or
after the 15th day before the date on which the suit is set for
trial, the continuance is discretionary with the court.
(d) The party seeking the continuance must file with the
court an affidavit stating the grounds for the continuance. The
affidavit is proof of the necessity for a continuance. The
affidavit need not be corroborated.
(e) If the member of the legislature is an attorney for a
party, the affidavit must contain a declaration that it is the
attorney's intention to participate actively in the preparation or
presentation of the case and that the attorney has not taken the
case for the purpose of obtaining a continuance under this section.
(f) The continuance provided by Subsection (b) is one of
right and may not be charged against the party receiving it on any
subsequent application for continuance.
(g) If the attorney for a party seeking a continuance under
this section is a member or member-elect of the legislature, the
attorney shall file a copy of the application for a continuance with
the Texas Ethics Commission. The copy must be sent to the
commission not later than the third business day after the date on
which the attorney files the application with the court.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 3.13, eff. Jan. 1, 1992; Acts
2003, 78th Leg., ch. 9, § 1, eff. April 24, 2003; Acts 2003, 78th
Leg., ch. 249, § 5.09, eff. Sept. 1, 2003.
§ 30.004. NOTICE TO ATTORNEY GENERAL FOR CERTAIN
SUITS. (a) This section applies to a civil case in which:
(1) the state is named as a party;
(2) an agency in the executive or legislative
department is named as a party; or
(3) a party may be represented by the attorney general
as authorized by Chapter 104.
(b) On the filing of any petition in a case subject to this
section, a copy of the petition shall be mailed to the attorney
general at the attorney general's office in Austin, Texas, by
United States Postal Service certified mail, return receipt
requested.
(c) Mailing notice as required by Subsection (b) does not
satisfy any other jurisdictional requirement relating to service of
process on a state officer, board, commission, agency, or
institution that is a named party in a court proceeding.
(d) Failure to give notice in a case in which notice is
required by Subsection (b) results in any default judgment in the
case being set aside without costs.
Added by Acts 1987, 70th Leg., ch. 167, § 3.06(a), eff. Sept. 1,
1987.
§ 30.005. RELIGIOUS HOLY DAY. (a) In this section:
(1) 'Religious organization' means an organization
that meets the standards for qualifying as a religious organization
under Section 11.20, Tax Code.
(2) 'Religious holy day' means a day on which the
tenets of a religious organization prohibit its members from
participating in secular activities, such as court proceedings.
(b) If a party or an attorney representing a party in a civil
action is required to appear at a court proceeding on a religious
holy day observed by the party or attorney, the court shall continue
the civil action.
(c) A party or an attorney representing a party seeking a
continuance must file with the court an affidavit stating:
(1) the grounds for the continuance; and
(2) that the party or attorney holds religious beliefs
that prohibit him from taking part in a court proceeding on the day
for which the continuance is sought.
(d) An affidavit filed under Subsection (c) of this section
is proof of the facts stated and need not be corroborated.
Added by Acts 1987, 70th Leg., ch. 825, § 2, eff. Sept. 1, 1987.
Renumbered from § 30.004 by Acts 1989, 71st Leg., ch. 2, §
16.01(1), eff. Aug. 28, 1989. Amended by Acts 1991, 72nd Leg., ch.
815, § 2, eff. Sept. 1, 1991.
§ 30.007. PRODUCTION OF FINANCIAL INSTITUTION
RECORDS. Civil discovery of a customer record maintained by a
financial institution is governed by Section 59.006, Finance Code.
Added by Acts 1995, 74th Leg., ch. 914, § 3, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 344, § 7.001, eff. Sept. 1,
1999.
§ 30.008. DEMAND FOR JURY TRIAL IN JUSTICE COURT;
FAILURE TO APPEAR. (a) A justice court may order a party who
demands a jury trial in a justice court and who fails to appear for
the trial to pay the costs incurred for impaneling the jury.
(b) The justice court may release a party from the
obligation to pay costs under this section for good cause.
(c) An order issued by a justice court under this section
may be enforced by contempt as prescribed by Section 21.002(c),
Government Code.
Added by Acts 1995, 74th Leg., ch. 122, § 3, eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Civil Practice and Remedies Code §
30.007 by Acts 1997, 75th Leg., ch. 165, § 31.01(4), eff. Sept.
1, 1997.
§ 30.009. MISTRIAL IN JUSTICE COURT OR MUNICIPAL
COURT. If a jury in a trial in a justice court or a municipal court
is discharged without having rendered a verdict, the cause may be
tried again as soon as practicable.
Added by Acts 1995, 74th Leg., ch. 1005, § 2, eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Civil Practice and Remedies Code §
30.007 by Acts 1997, 75th Leg., ch. 165, § 31.01(5), eff. Sept.
1, 1997.
§ 30.010. PERSONAL IDENTIFYING INFORMATION PRIVILEGED
FROM DISCOVERY BY INMATE. (a) Personal identifying information
pertaining to an individual, including the individual's home
address, home telephone number, and social security account number,
is privileged from discovery by an individual who is imprisoned or
confined in any correctional facility if the individual to whom the
information pertains is:
(1) an employee of any correctional facility; or
(2) related within the first degree by consanguinity
or affinity to an individual who is an employee of any correctional
facility.
(b) Personal identifying information that is privileged
under this section may be discovered by an individual who is
imprisoned or confined in a correctional facility only if:
(1) the incarcerated individual shows good cause to
the court for the discovery of the information; and
(2) the court renders an order that authorizes
discovery of the information.
(c) In this section, 'correctional facility' has the meaning
assigned by Section 1.07(a), Penal Code.
(d) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
Added by Acts 1995, 74th Leg., ch. 302, § 2, eff. June 5, 1995.
Renumbered from V.T.C.A., Civil Practice and Remedies Code §
30.07 by Acts 1997, 75th Leg., ch. 165, § 31.01(6), eff. Sept. 1,
1997.
§ 30.011. ELECTRONIC SUBPOENA APPLICATION. In addition
to any other procedure permitted under state law or by court rule,
an application for issuance of a subpoena may be made by electronic
means.
Added by Acts 1999, 76th Leg., ch. 614, § 1, eff. June 18, 1999.
§ 30.012. USE OF COMMUNICATION EQUIPMENT IN CERTAIN
PROCEEDINGS. (a) With the agreement of the parties, and subject
to Subsection (b), a trial judge may order that a hearing of a
preliminary matter or witness testimony at trial may be conducted
by electronic means, including satellite transmission,
closed-circuit television transmission, or any other method of
two-way electronic communication that is available to the parties,
approved by the court, and capable of visually and audibly
recording the proceedings.
(b) Witness testimony at trial may be conducted by
electronic means only if the witness is deposed before the
commencement of the trial.
(c) A court that allows a transmission made under this
section shall consider it accurate and include it in the record of
the case, unless the court determines otherwise.
(d) A party to a transmission made under this section that
is not in court:
(1) shall provide at the party's own expense any
equipment that is compatible with the equipment used in court; and
(2) may record the proceedings at the party's own
expense.
(e) A copy of a proceeding videotaped by a court under this
section may be obtained from the clerk of the court on payment of a
reasonable amount to cover the cost of producing the copy.
(f) Expenses incurred by a court in conducting a proceeding
or recording a transmission under this section shall be assessed
and collected as court costs.
Added by Acts 2001, 77th Leg., ch. 788, § 1, eff. June 14, 2001.
§ 30.015. PROVISION OF CURRENT ADDRESS OF PARTY IN CIVIL
ACTION. (a) In a civil action filed in a district court, county
court, statutory county court, or statutory probate court, each
party or the party's attorney must provide the clerk of the court
with written notice of the party's name and current residence or
business address.
(b) The notice required by Subsection (a) may not be
required from any party or party's attorney if such party has not
appeared or answered in the civil action.
(c) The notice required by Subsection (a) must be provided
at the time the party files its initial pleading with the court or
not later than the seventh day after the date the clerk of the court
requests the information.
(d) If the party's address changes during the course of a
civil action, the party or the party's attorney must provide the
clerk of the court with written notice of the party's new address.
(e) If the party or the party's attorney fails to provide
the notice required by Subsection (a), the trial court may assess a
fine of not more than $50.
(f) It is a defense to a fine assessed under this section
that the party or the party's attorney could not reasonably obtain
and provide the information required by Subsection (a).
(g) Repealed by Acts 1999, 76th Leg., ch. 251, § 2, eff.
Sept. 1, 1999.
Added by Acts 1997, 75th Leg., ch. 887, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 251, § 1, 2, eff. Sept. 1,
1999.
§ 30.016. RECUSAL OR DISQUALIFICATION OF CERTAIN
JUDGES. (a) In this section, 'tertiary recusal motion' means a
third or subsequent motion for recusal or disqualification filed
against a district court, statutory probate court, or statutory
county court judge by the same party in a case.
(b) A judge who declines recusal after a tertiary recusal
motion is filed shall comply with applicable rules of procedure for
recusal and disqualification except that the judge shall continue
to:
(1) preside over the case;
(2) sign orders in the case; and
(3) move the case to final disposition as though a
tertiary recusal motion had not been filed.
(c) A judge hearing a tertiary recusal motion against
another judge who denies the motion shall award reasonable and
necessary attorney's fees and costs to the party opposing the
motion. The party making the motion and the attorney for the party
are jointly and severally liable for the award of fees and costs.
The fees and costs must be paid before the 31st day after the date
the order denying the tertiary recusal motion is rendered, unless
the order is properly superseded.
(d) The denial of a tertiary recusal motion is only
reviewable on appeal from final judgment.
(e) If a tertiary recusal motion is finally sustained, the
new judge for the case shall vacate all orders signed by the sitting
judge during the pendency of the tertiary recusal motion.
Added by Acts 1999, 76th Leg., ch. 608, § 1, eff. Sept. 1, 1999.
§ 30.017. CLAIMS AGAINST CERTAIN JUDGES. (a) A claim
against a district court, statutory probate court, or statutory
county court judge that is added to a case pending in the court to
which the judge was elected or appointed:
(1) must be made under oath;
(2) may not be based solely on the rulings in the
pending case but must plead specific facts supporting each element
of the claim in addition to the rulings in the pending case; and
(3) is automatically severed from the case.
(b) The clerk of the court shall assign the claim a new cause
number, and the party making the claim shall pay the filing fees.
(c) The presiding judge of the administrative region or the
presiding judge of the statutory probate courts shall assign the
severed claim to a different judge. The judge shall dismiss the
claim if the claim does not satisfy the requirements of Subsection
(a)(1) or (2).
Added by Acts 1999, 76th Leg., ch. 608, § 1, eff. Sept. 1, 1999.
