IN THE SUPREME COURT OF TEXAS

Similar documents
IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

* * * * * * * * Members of the Jury Panel [or Ladies and Gentlemen of the Jury Panel]:

IN THE SUPREME COURT OF TEXAS

Texas Supreme Court Update: Focus on Business, Energy and Interesting Cases

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

HB 2302 Electronic Filing System Fund

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

Supreme Court of Texas From Wikipedia, the free encyclopedia

Ramirez v. Davis-Director TDCJ-CID Doc. 23

IN THE SUPREME COURT OF TEXAS

E ORNEY GENERAL OF EXAS

Sex Offender Restrictions

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CIVIL COURT DEPARTMENT

Court of Appeals Fifth District of Texas at Dallas

IN THE SUPREME COURT OF TEXAS

MASTER DOCKET NO Ruby Ledbetter IN THE DISTRICT COURT OF. v. HARRIS COUNTY, T E X A S

CHAPTER II THE BOARD OF TRUSTEES ARTICLE I MEMBERSHIP

In The Court of Appeals Seventh District of Texas at Amarillo

LOCAL SMITH COUNTY RULES OF CIVIL TRIAL JUDICIAL DISTRICT COURTS AND COUNTY COURTS AT LAW SMITH COUNTY, TEXAS

Case 1:11-cv JEM Document 60 Entered on FLSD Docket 06/22/2011 Page 1 of 8

Adopted November 10, 2000, by Chief District Court Judge John W. Smith. See Separate Section on Rules governing Criminal and Juvenile Courts Rule

MAY IT PLEASE THE COURT: HOW THE APPELLATE COURTS AND JUDGES OPERATE AND STATISTICS RELEVANT TO EVALUATING YOUR INSURED S POTENTIAL APPEAL

AOL, INC., Appellant. DR. RICHARD MALOUF AND LEANNE MALOUF, Appellants

LegalFormsForTexas.Com

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

Mastering Civil Procedure Checklist

BRADFORD COUNTY LOCAL CIVIL RULES. 1. Upon the filing of a divorce or custody action pursuant to the Pennsylvania Rules of

IN THE SUPREME COURT OF TEXAS

MOTION FOR WITHDRAWAL OF PLAINTIFFS' COUNSEL. Plaintiffs JAMES MCGIBNEY and VIA VIEW, INC., (Plaintiffs), brings this

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ) ) ) ) ) ) UNIFORM SCHEDULING ORDER

COURT RULES OF THE HONORABLE RICHARD MOTT, J.S.C. 401 Union Street Columbia County Courthouse (Temporary)

SUPREME COURT OF NEWFOUNDLAND AND LABRADOR. PRACTICE DIRECTIVE P.D. (Crim.) No

Hello! I am Artin DerOhanian

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

IN THE SUPREME COURT OF TEXAS

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA FAMILY LAW DIVISION

Sec Disqualification of justice, judge, or magistrate judge

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS [MARSHALL / TYLER / TEXARKANA] DIVISION

CIVIL PRACTICE AND REMEDIES CODE TITLE 4. LIABILITY IN TORT CHAPTER 71. WRONGFUL DEATH; SURVIVAL; INJURIES OCCURRING OUT OF STATE

PART THREE CIVIL CASES

IN THE SUPREME COURT OF TEXAS

ELECTED OFFICIALS REPRESENTING ALL OR PART OF TRAVIS COUNTY

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR PRETRIAL CONFERENCE ORDER (JURY TRIAL) for Plaintiff.

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR

CASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:

EMINENT DOMAIN TRENDS IN THE TEXAS SUPREME COURT. Presented to the Eminent Domain Conference Sponsored by CLE International. Mike Stafford Kate David

Case 4:04-cv RAS Document 41 Filed 12/09/2004 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Memorandum on the Jurisdiction of the Forensic Science Commission ( FSC )

Case 1:11-cv MGC Document 14 Entered on FLSD Docket 06/17/2011 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Recent Changes to the TRCP. The computers have come for us, and Mountains into Mole Hills.

v No Clinton Circuit Court DENNIS J. DUCHENE, II, ANN DUCHENE,

TRUANCY REFORM & SCHOOL ATTENDANCE HB 2398

In the United States Court of Federal Claims

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

PRE-TRIAL PROCEDURES & PROTOCOL FOR JURY TRIALS & REFERRAL TO MEDIATION Revised March 2, 2018 (to correct web link only)

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

THE LATEST TORT REFORM: THE CERTIFICATE OF MERIT

Case 9:09-cv RC Document 100 Filed 08/10/12 Page 1 of 12 PageID #: 991 **NOT FOR PRINTED PUBLICATION**

2014 Nuts & Bolts Seminar Coralville

IN THE SUPREME COURT OF TEXAS

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) DOCKET CONTROL ORDER STEP ACTION RULE DATE DUE 1

Texas Medicaid Fraud Prevention Act

Circuit Civil Division H-1 Information And Requirements

Fourteenth Court of Appeals

The New Texas Rule 47 Pleading Rules: What Are They and Why Should I Care?

IN THE SUPREME COURT OF TEXAS

CASE 0:15-cv JRT Document 17 Filed 02/12/16 Page 1 of 14 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA INTRODUCTION

1 HB By Representatives Fridy and Lovvorn. 4 RFD: Public Safety and Homeland Security. 5 First Read: 11-JAN-18.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Case 2:05-cv TJW Document 212 Filed 12/21/2005 Page 1 of 5

TEXAS ETHICS COMMISSION

REQUEST FOR QUALIFICATIONS FOR ALTERNATE MUNICIPAL JUDGE. Submission Deadline: August 7, 2017

IN THE SUPREME COURT OF TEXAS

REGISTRY RESTRICTIONS DISPUTE RESOLUTION PROCEDURE (RRDRP) 1 REVISED - NOVEMBER 2010

DATE ISSUED: 9/24/ of 12 UPDATE 103 BBB(LEGAL)-A

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Ch. 499a REPRESENTATION BEFORE THE BOARD a.1. CHAPTER 499a. REPRESENTATION BEFORE THE BOARD

GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH SUBTITLE G. ATTORNEYS CHAPTER 81. STATE BAR SUBCHAPTER A. GENERAL PROVISIONS

Senate Committee on Judiciary

LOCAL RULES CASE MANAGEMENT IN CIVIL CASES

Note: New caption for Rule 1:38 adopted July 16, 2009 to be effective September 1, 2009.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) )

Case 2:10-cv SDW -MCA Document 22 Filed 07/02/10 Page 1 of 11 PageID: 292

IN THE SUPREME COURT OF TEXAS

Changes to the Laws Regarding Intoxication Offenses

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION. vs. CIVIL ACTION NO. V MEMORANDUM AND ORDER

Transcription:

IN THE SUPREME COURT OF TEXAS Misc. Docket No. 17-9163 ORDER ADOPTING TEXAS RULE OF CIVIL PROCEDURE 308b AND AMENDING TEXAS RULE OF EVIDENCE 203 ORDERED that: 1. The Supreme Court adopts Texas Rule of Civil Procedure 308b and amends Texas Rule of Evidence 203. See TEX. GOV T CODE 22.004(b), 22.0041. 2. In compliance with the Section 3 of the Act of May 22, 2017, 85th Leg., R.S., ch. 771 (HB 45, codified at TEX. GOV T CODE 22.0041), the rule and amendments are effective January 1, 2018. But they may be changed later in response to public comments. Any person may submit written comments to rulescomments@txcourts.gov. The Court requests that comments be sent by April 2, 2018. 3. The Clerk is directed to: a. file a copy of this order with the Secretary of State; b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal; c. send a copy of this order to each elected member of the Legislature; and d. submit a copy of the order for publication in the Texas Register. Dated: December 28, 2017.

Nathan L. Hecht, Chief Justice Paul W. Green, Justice Phil Johnson, Justice Don R. Willett, Justice Eva M. Guzman, Justice Debra H. Lehrmann, Justice Jeffrey S. Boyd, Justice John P. Devine, Justice Jeffrey V. Brown, Justice

Rule 308b. Determining the Enforceability of a Judgment or Arbitration Award Based on Foreign Law in Certain Suits Under the Family Code (a) Definitions. In this rule: (1) Comity means the recognition by a court of one jurisdiction of the laws and judicial decisions of another jurisdiction. (2) Foreign law means a law, rule, or code of a jurisdiction outside of the states and territories of the United States. (b) Applicability of This Rule. (1) Except as provided in (2) and (3), this rule applies to the recognition or enforcement of a judgment or arbitration award based on foreign law in a suit involving a marriage relationship or a parent-child relationship under the Family Code. (2) This rule does not apply to an action brought under the International Child Abduction Remedies Act (22 U.S.C. 9001 et seq.) concerning rights under the Hague Convention on the Civil Aspects of International Child Abduction. (3) In the event of a conflict between this rule and any federal or state law, the federal or state law will prevail. (c) Applicability of Texas Rule of Evidence 203. (1) Paragraphs (c) and (d) of Rule 203, Texas Rules of Evidence, apply to an action under this rule. (2) Paragraphs (a) and (b) of Rule 203, Texas Rules of Evidence, do not apply to an action under this rule. (d) Notice. (1) Party Seeking Enforcement of a Judgment or Arbitration Award Based on Foreign Law. Within 60 days of filing an original pleading, the party seeking enforcement must give written notice to the court and all parties that describes the court s authority to enforce or decide to enforce the judgment or award. (2) Party Opposing Enforcement of a Judgment or Arbitration Award Based on Foreign Law. Within 30 days of the date that a notice under (1) is served, a

party opposing enforcement must give written notice to the court and all parties that explains the basis for the party s opposition and states whether the party asserts that the judgment or award violates constitutional rights or public policy. (e) Pretrial Conference. Within 75 days of the date that a notice under (d)(1) is served, the court must conduct a pretrial conference to set deadlines and make other appropriate orders regarding: (1) the submission of materials for the court to consider in determining foreign law; (2) the translation of foreign-language documents; and (3) the designation of expert witnesses. (f) Determination Hearing and Order. (1) At least 30 days before trial, the court must conduct a hearing on the record to determine whether to enforce the judgment or award. The parties must have timely notice of the hearing. (2) Within 15 days of the hearing, the Court must issue a written order on the determination that includes findings of fact and conclusions of law. This deadline must not be altered absent extraordinary circumstances. (3) The court may issue any order necessary to preserve the principles of comity or the freedom to contract for arbitration while protecting against violations of constitutional rights and public policy. (4) The court must comply with all requirements of this paragraph and make an independent determination whether to enforce the judgment or award even if no party opposes enforcement of the judgment or award. (g) Temporary Orders. Notwithstanding any other provision of this rule, the court may set filing deadlines and conduct the determination hearing to accommodate the circumstances of the case in connection with issuing temporary orders.

Amendment Rule 203, Texas Rules of Evidence Rule 203. Determining Foreign Law (a) Raising a Foreign Law Issue. A party who intends to raise an issue about a foreign country s law must: (1) give reasonable notice by a pleading or other writing; and (2) at least 30 days before trial, supply all parties a copy of any written materials or sources the party intends to use to prove the foreign law. (b) (c) (d) (e) Translations. If the materials or sources were originally written in a language other than English, the party intending to rely on them must, at least 30 days before trial, supply all parties both a copy of the foreign language text and an English translation. Materials the Court May Consider; Notice. In determining foreign law, the court may consider any material or source, whether or not admissible. If the court considers any material or source not submitted by a party, it must give all parties notice and a reasonable opportunity to comment and submit additional materials. Determination and Review. The court not the jury must determine foreign law. The court s determination must be treated as a ruling on a question of law. Suits Brought Under the Family Code Involving a Marriage Relationship or Parent-Child Relationship. Subsections (a) and (b) of this rule do not apply to an action to which Rule 308b, Texas Rules of Civil Procedure, applies.