2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
CHAPTER 30. MISCELLANEOUS PROVISIONS  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE B. TRIAL MATTERS

CHAPTER 30. MISCELLANEOUS PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 3.13, eff. Jan. 1,

1992; Acts 2003, 78th Leg., ch. 9, Sec. 1, eff. April 24, 2003;

Acts 2003, 78th Leg., ch. 249, Sec. 5.09, eff. Sept. 1, 2003.

Sec. 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, Sec. 3.06(a), eff. Sept.

1, 1987.

Sec. 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, Sec. 2, eff. Sept. 1,

1987. Renumbered from Sec. 30.004 by Acts 1989, 71st Leg., ch. 2,

Sec. 16.01(1), eff. Aug. 28, 1989. Amended by Acts 1991, 72nd

Leg., ch. 815, Sec. 2, eff. Sept. 1, 1991.

Sec. 30.006. CERTAIN LAW ENFORCEMENT AGENCY RECORDS NOT SUBJECT

TO DISCOVERY. (a) In this section, "law enforcement agency"

means a governmental agency that employs a peace officer as

defined under Article 2.12, Code of Criminal Procedure.

(b) This section does not apply to an action in which a law

enforcement agency is a party.

(c) Except as provided by Subsection (d), a court in a civil

action may not order discovery from a nonparty law enforcement

agency of information, records, documents, evidentiary materials,

and tangible things if:

(1) the information, records, documents, evidentiary materials,

or tangible things deal with:

(A) the detection, investigation, or prosecution of crime; or

(B) an investigation by the nonparty law enforcement agency that

does not result in conviction or deferred adjudication; and

(2) the release of the information, records, documents,

evidentiary materials, or tangible things would interfere with

the detection, investigation, or prosecution of criminal acts.

(d) On motion of a party, the court may order discovery from a

nonparty law enforcement agency of information, records,

documents, evidentiary materials, and tangible things described

by Subsection (c) if the court determines, after in camera

inspection, that:

(1) the discovery sought is relevant; and

(2) there is a specific need for the discovery.

(e) This section does not apply to:

(1) a report of an accident under Chapter 550, Transportation

Code; and

(2) photographs, field measurements, scene drawings, and

accident reconstruction done in conjunction with the

investigation of the underlying accident.

Added by Acts 2007, 80th Leg., R.S., Ch.

679, Sec. 1, eff. September 1, 2007.

Sec. 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, Sec. 3, eff. Sept. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 344, Sec. 7.001, eff.

Sept. 1, 1999.

Sec. 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, Sec. 3, eff. Sept. 1,

1995. Renumbered from Civil Practice and Remedies Code Sec.

30.007 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(4), eff.

Sept. 1, 1997.

Sec. 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, Sec. 2, eff. Sept. 1,

1995. Renumbered from Civil Practice and Remedies Code Sec.

30.007 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(5), eff.

Sept. 1, 1997.

Sec. 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, Sec. 2, eff. June 5,

1995. Renumbered from Civil Practice and Remedies Code Sec. 30.07

by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(6), eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. June 18,

1999.

Sec. 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, Sec. 1, eff. June 14,

2001.

Sec. 30.013. CONFIDENTIAL IDENTITY IN ACTIONS INVOLVING SEXUAL

ABUSE OF A MINOR. (a) In this section:

(1) "Confidential identity" means:

(A) the use of a pseudonym; and

(B) the absence of any other identifying information, including

address, telephone number, and social security number.

(2) "Plaintiff" means:

(A) an individual younger than 18 years of age seeking recovery

of damages or other relief; and

(B) the parents or legal guardian of the individual.

(b) This section applies only to a civil action against a

defendant in which a plaintiff seeks recovery of damages or other

relief based on conduct described as a felony in the following

sections of the Penal Code:

(1) Section 22.011 (sexual assault); or

(2) Section 22.021 (aggravated sexual assault).

(c) Except as otherwise provided by this section, in an action

to which this section applies, the court shall:

(1) make it known to the plaintiff as early as possible in the

proceedings of the action that the plaintiff may use a

confidential identity in relation to the action;

(2) allow a plaintiff to use a confidential identity in all

petitions, filings, and other documents presented to the court;

(3) use the confidential identity in all of the court's

proceedings and records relating to the action, including any

appellate proceedings; and

(4) maintain the records relating to the action in a manner that

protects the confidentiality of the plaintiff.

(d) In a suit to which this section applies, only the following

persons are entitled to know the true identifying information

about the plaintiff:

(1) the judge;

(2) a party to the action;

(3) the attorney representing a party to the action; and

(4) a person authorized by a written order of a court specific

to that person.

(e) The court shall order that a person entitled to know the

true identifying information under Subsection (d) may not divulge

that information to anyone without a written order of the court.

A court shall hold a person who violates the order in contempt.

(f) Notwithstanding Section 22.004, Government Code, the supreme

court may not amend or adopt rules in conflict with this section.

(g) A plaintiff is not required to use a confidential identity

as provided by this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

559, Sec. 1, eff. September 1, 2009.

Sec. 30.014. PLEADINGS MUST CONTAIN PARTIAL IDENTIFICATION

INFORMATION. (a) In a civil action filed in a district court,

county court, or statutory county court, each party or the

party's attorney shall include in its initial pleading:

(1) the last three numbers of the party's driver's license

number, if the party has been issued a driver's license; and

(2) the last three numbers of the party's social security

number, if the party has been issued a social security number.

(b) A court may, on its own motion or the motion of a party,

order that an initial pleading be amended to contain the

information listed under Subsection (a) if the court determines

that the pleading does not contain that information. A court may

find a party in contempt if the party does not amend the pleading

as ordered by the court under this subsection.

Added by Acts 2007, 80th Leg., R.S., Ch.

143, Sec. 1, eff. September 1, 2007.

Sec. 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, Sec. 2, eff.

Sept. 1, 1999.

Added by Acts 1997, 75th Leg., ch. 887, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 251, Sec. 1, 2, eff.

Sept. 1, 1999.

Sec. 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 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, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1297, Sec. 3, eff. September 1, 2007.

Sec. 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, Sec. 1, eff. Sept. 1,

1999.