Running List of Texas Supreme Court Emergency Orders affecting TexasBarBooks Practice Manuals

The Texas Supreme Court has issued a number of temporary emergency orders in response to the Coronavirus pandemic, some of which are relevant to TexasBarBooks practice manuals. Please review the following list to see which orders apply to each manual. A complete list of the emergency orders can be found at the court’s website.

Texas Collections Manual

See Orders

Emergency Order 1 – Issued 3/13/2020

Permits all judges in the state at their discretion, and requires all judges “to avoid risk to court staff, parties, attorneys, jurors, and the public,” without a participant’s consent.

Emergency Order 3 – Issued 3/18/2020

Modifies Emergency Order 1, prohibits judges from conducting non-essential proceedings in person contrary to local, state, or national directives, whichever is most restrictive, regarding maximum group size.

Emergency Order 4 – Issued 3/18/2020

Prohibits a trial, hearing, or other proceeding in an eviction to recover possession of residential property under Chapter 24 of the Property Code and Rule 510 of the Texas Rules of Civil Procedure until after April 19, 2020.

Emergency Order 8 – Issued 4/1/2020

Amends the First Emergency Order to delay all service and statute-of-limitations deadlines in civil cases from March 13 until June 1. The order does not affect deadlines for filing appeals or other appellate proceedings, but the order notes that requests for any such relief from those deadlines should be generously granted by the particular court.

Emergency Order 9 – Issued 4/6/2020

Extends Emergency Order 4, prohibiting a trial, hearing, or other proceeding in an eviction to recover possession of residential property under Chapter 24 of the Property Code and Rule 510 of the Texas Rules of Civil Procedure until after April 30, 2020.

Emergency Order 10 – Issued 4/9/2020

Relating to actions in collecting consumer debt as defined by Texas Finance Code Section 392.001(2).

Emergency Order 12 – Issued 4/27/2020

Updates and clarifies many of the emergency orders addressing Texas courts’ pandemic issues. These are its highlights:

  • Remote judicial proceedings. Expands remote proceedings to include grand jurors, but not jurors in a trial.
  • In-person judicial proceedings restricted. Courts must not conduct in-person proceedings contrary to guidance issued by the Office of Court Administration regarding social distancing, maximum group size and other restrictions and precautions. Courts should use all reasonable efforts to conduct proceedings remotely.
  • Civil-case deadlines extended. Any deadline for filing or service of any civil case that falls on a day between March 13, 2020, and June 1 is extended until July 15. This does not include deadlines for perfecting appeal or for other appellate proceedings, requests for relief from which should be directed to the court involved and should be generously granted.
  • Deadline extended for eviction proceedings. In any residential property-eviction action, no trial, hearing or other proceeding may be conducted, and all deadlines are tolled, until after May 18. A writ of possession may issue, but the posting a written warning required by the Property Code (section 24.0061(d)(1)) and the execution of the writ of possession may not occur until after May 25, and the deadlines in Rules 510.8(d)(1)-(d)(2) are suspended while this order remains in effect. New filings may be accepted, but the period in Rule 510.4(a)(10) is suspended and the citation may not be issued and served may not occur until after May 18.
    • But an eviction case and writ of possession may issue in cases in which a tenant or household members or guests have threatened or pose an imminent threat of (i) physical harm to the plaintiff, the plaintiff’s employees or other tenants, or (ii) criminal activity. A court must order procedures for the eviction case to proceed.

Emergency Order 14 – Issued 4/29/2020

Amends and extends the 10th Emergency Order regarding the collection of consumer debt.

Emergency Order 15 – Issued 5/14/2020

Provides that residential-eviction proceedings may resume May 19 and deadlines are no longer postponed and, beginning May 26, warnings may be posted and possession writs may be executed. For eviction proceedings filed from March 27 through July 25 a sworn petition required by Texas Rule of Civil Procedure 510.3(a)(2) establishing eviction grounds must state that the premises are not subject to the evictions moratorium imposed by the federal CARES Act section 4024. Section 4024 provides a temporary moratorium on eviction filings and other protections for tenants in certain rental properties with federal assistance or federally related financing. The Court’s order is effective immediately and expires July 25 unless the chief justice extends it.

Emergency Order 16 – Issued 5/14/2020

Provides that in any action to collect consumer debt as defined by Texas Finance Code Section 392.001(2), issuance and service of garnishment writs and turnover orders may resume. But an individual judgment debtor or receiver shall be entitled, upon request, to a hearing (in person or remotely, as local circumstances permit) within two business days of the court’s receipt of the request to determine what money might be attributable to a CARES Act stimulus payment and courts and appointed receivers must release or refund that money affected by a garnishment or turnover order.

In addition, the order specifies that receivers and judgment creditors shall send an additional notice to the judgment debtor that an objection to a court stay on any stimulus payment can be heard on an “expedited basis.”

The Court’s order expires August 12 unless extended by the chief justice.

Emergency Order 17 – Issued 5/26/2020

Amends existing provisions from the 12th Emergency Order. Among other things, the order addresses deadlines in civil and criminal cases and generally prohibits jury proceedings before August 1, with some exceptions.

The Court’s order expires July 31 unless extended by the chief justice.

Texas Family Law Practice Manual

See Orders

Emergency Order 1 – Issued 3/13/2020

Permits all judges in the state at their discretion, and requires all judges “to avoid risk to court staff, parties, attorneys, jurors, and the public,” without a participant’s consent.

 Emergency Order 2 – Issued 3/17/2020

Clarifies that child possession schedules establishing access to a child under a court-ordered possession schedule are not affected by the school’s closure that arises from an epidemic or pandemic and that the original published school schedule controls.

Emergency Order 3 – Issued 3/18/2020

Modifies Emergency Order 1, prohibits judges from conducting non-essential proceedings in person contrary to local, state, or national directives, whichever is most restrictive, regarding maximum group size.

Emergency Order 7 – Issued 3/24/2020

Clarifies possession schedules in Suits Affecting the Parent-Child Relationship (SAPCR). For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the existing trial court order shall control in all instances. Possession of and access to a child shall not be affected by any shelter-in-place order or other order restricting movement issued by a governmental entity​.

Emergency Order 8 – Issued 4/1/2020

Amends the First Emergency Order to delay all service and statute-of-limitations deadlines in civil cases from March 13 until June 1. The order does not affect deadlines for filing appeals or other appellate proceedings, but the order notes that requests for any such relief from those deadlines should be generously granted by the particular court.

Emergency Order 12 – Issued 4/27/2020

Updates and clarifies many of the emergency orders addressing Texas courts’ pandemic issues. These are its highlights:

  • Remote judicial proceedings. Expands remote proceedings to include grand jurors, but not jurors in a trial.
  • In-person judicial proceedings restricted. Courts must not conduct in-person proceedings contrary to guidance issued by the Office of Court Administration regarding social distancing, maximum group size and other restrictions and precautions. Courts should use all reasonable efforts to conduct proceedings remotely.
  • Civil-case deadlines extended. Any deadline for filing or service of any civil case that falls on a day between March 13, 2020, and June 1 is extended until July 15. This does not include deadlines for perfecting appeal or for other appellate proceedings, requests for relief from which should be directed to the court involved and should be generously granted.
  • Deadline extended for eviction proceedings. In any residential property-eviction action, no trial, hearing or other proceeding may be conducted, and all deadlines are tolled, until after May 18. A writ of possession may issue, but the posting a written warning required by the Property Code (section 24.0061(d)(1)) and the execution of the writ of possession may not occur until after May 25, and the deadlines in Rules 510.8(d)(1)-(d)(2) are suspended while this order remains in effect. New filings may be accepted, but the period in Rule 510.4(a)(10) is suspended and the citation may not be issued and served may not occur until after May 18.
    • But an eviction case and writ of possession may issue in cases in which a tenant or household members or guests have threatened or pose an imminent threat of (i) physical harm to the plaintiff, the plaintiff’s employees or other tenants, or (ii) criminal activity. A court must order procedures for the eviction case to proceed.

Emergency Order 17 – Issued 5/26/2020

Amends existing provisions from the 12th Emergency Order. Among other things, the order addresses deadlines in civil and criminal cases and generally prohibits jury proceedings before August 1, with some exceptions.

The Court’s order expires July 31 unless extended by the chief justice.

Texas Foreclosure Manual

See Orders

Emergency Order 1 – Issued 3/13/2020

Permits all judges in the state at their discretion, and requires all judges “to avoid risk to court staff, parties, attorneys, jurors, and the public,” without a participant’s consent.

Emergency Order 3 – Issued 3/18/2020

Modifies Emergency Order 1, prohibits judges from conducting non-essential proceedings in person contrary to local, state, or national directives, whichever is most restrictive, regarding maximum group size.

Emergency Order 4 – Issued 3/18/2020

Prohibits a trial, hearing, or other proceeding in an eviction to recover possession of residential property under Chapter 24 of the Property Code and Rule 510 of the Texas Rules of Civil Procedure until after April 19, 2020.

Emergency Order 8 – Issued 4/1/2020

Amends the First Emergency Order to delay all service and statute-of-limitations deadlines in civil cases from March 13 until June 1. The order does not affect deadlines for filing appeals or other appellate proceedings, but the order notes that requests for any such relief from those deadlines should be generously granted by the particular court.

Emergency Order 9 – Issued 4/6/2020

Extends Emergency Order 4, prohibiting a trial, hearing, or other proceeding in an eviction to recover possession of residential property under Chapter 24 of the Property Code and Rule 510 of the Texas Rules of Civil Procedure until after April 30, 2020.

Emergency Order 10 – Issued 4/9/2020

Relating to actions in collecting consumer debt as defined by Texas Finance Code Section 392.001(2).

Emergency Order 12 – Issued 4/27/2020

Updates and clarifies many of the emergency orders addressing Texas courts’ pandemic issues. These are its highlights:

  • Remote judicial proceedings. Expands remote proceedings to include grand jurors, but not jurors in a trial.
  • In-person judicial proceedings restricted. Courts must not conduct in-person proceedings contrary to guidance issued by the Office of Court Administration regarding social distancing, maximum group size and other restrictions and precautions. Courts should use all reasonable efforts to conduct proceedings remotely.
  • Civil-case deadlines extended. Any deadline for filing or service of any civil case that falls on a day between March 13, 2020, and June 1 is extended until July 15. This does not include deadlines for perfecting appeal or for other appellate proceedings, requests for relief from which should be directed to the court involved and should be generously granted.
  • Deadline extended for eviction proceedings. In any residential property-eviction action, no trial, hearing or other proceeding may be conducted, and all deadlines are tolled, until after May 18. A writ of possession may issue, but the posting a written warning required by the Property Code (section 24.0061(d)(1)) and the execution of the writ of possession may not occur until after May 25, and the deadlines in Rules 510.8(d)(1)-(d)(2) are suspended while this order remains in effect. New filings may be accepted, but the period in Rule 510.4(a)(10) is suspended and the citation may not be issued and served may not occur until after May 18.
    • But an eviction case and writ of possession may issue in cases in which a tenant or household members or guests have threatened or pose an imminent threat of (i) physical harm to the plaintiff, the plaintiff’s employees or other tenants, or (ii) criminal activity. A court must order procedures for the eviction case to proceed.

Emergency Order 14 – Issued 4/29/2020

Amends and extends the 10th Emergency Order regarding the collection of consumer debt.

Emergency Order 17 – Issued 5/26/2020

Amends existing provisions from the 12th Emergency Order. Among other things, the order addresses deadlines in civil and criminal cases and generally prohibits jury proceedings before August 1, with some exceptions.

The Court’s order expires July 31 unless extended by the chief justice.

Texas Guardianship Manual

See Orders

Emergency Order 1 – Issued 3/13/2020

Permits all judges in the state at their discretion, and requires all judges “to avoid risk to court staff, parties, attorneys, jurors, and the public,” without a participant’s consent.

Emergency Order 3 – Issued 3/18/2020

Modifies Emergency Order 1, prohibits judges from conducting non-essential proceedings in person contrary to local, state, or national directives, whichever is most restrictive, regarding maximum group size.

Emergency Order 8 – Issued 4/1/2020

Amends the First Emergency Order to delay all service and statute-of-limitations deadlines in civil cases from March 13 until June 1. The order does not affect deadlines for filing appeals or other appellate proceedings, but the order notes that requests for any such relief from those deadlines should be generously granted by the particular court.

Emergency Order 11 – Issued 4/9/2020

Expands all deadlines related to the Judicial Branch Certification Commission until May 31, 2020.

Emergency Order 12 – Issued 4/27/2020

Updates and clarifies many of the emergency orders addressing Texas courts’ pandemic issues. These are its highlights:

  • Remote judicial proceedings. Expands remote proceedings to include grand jurors, but not jurors in a trial.
  • In-person judicial proceedings restricted. Courts must not conduct in-person proceedings contrary to guidance issued by the Office of Court Administration regarding social distancing, maximum group size and other restrictions and precautions. Courts should use all reasonable efforts to conduct proceedings remotely.
  • Civil-case deadlines extended. Any deadline for filing or service of any civil case that falls on a day between March 13, 2020, and June 1 is extended until July 15. This does not include deadlines for perfecting appeal or for other appellate proceedings, requests for relief from which should be directed to the court involved and should be generously granted.
  • Deadline extended for eviction proceedings. In any residential property-eviction action, no trial, hearing or other proceeding may be conducted, and all deadlines are tolled, until after May 18. A writ of possession may issue, but the posting a written warning required by the Property Code (section 24.0061(d)(1)) and the execution of the writ of possession may not occur until after May 25, and the deadlines in Rules 510.8(d)(1)-(d)(2) are suspended while this order remains in effect. New filings may be accepted, but the period in Rule 510.4(a)(10) is suspended and the citation may not be issued and served may not occur until after May 18.
    • But an eviction case and writ of possession may issue in cases in which a tenant or household members or guests have threatened or pose an imminent threat of (i) physical harm to the plaintiff, the plaintiff’s employees or other tenants, or (ii) criminal activity. A court must order procedures for the eviction case to proceed.

Emergency Order 17 – Issued 5/26/2020

Amends existing provisions from the 12th Emergency Order. Among other things, the order addresses deadlines in civil and criminal cases and generally prohibits jury proceedings before August 1, with some exceptions.

The Court’s order expires July 31 unless extended by the chief justice.

Texas Probate System

See Orders

Emergency Order 1 – Issued 3/13/2020

Permits all judges in the state at their discretion, and requires all judges “to avoid risk to court staff, parties, attorneys, jurors, and the public,” without a participant’s consent.

Emergency Order 3 – Issued 3/18/2020

Modifies Emergency Order 1, prohibits judges from conducting non-essential proceedings in person contrary to local, state, or national directives, whichever is most restrictive, regarding maximum group size.

Emergency Order 8 – Issued 4/1/2020

Amends the First Emergency Order to delay all service and statute-of-limitations deadlines in civil cases from March 13 until June 1. The order does not affect deadlines for filing appeals or other appellate proceedings, but the order notes that requests for any such relief from those deadlines should be generously granted by the particular court.

Emergency Order 12 – Issued 4/27/2020

Updates and clarifies many of the emergency orders addressing Texas courts’ pandemic issues. These are its highlights:

  • Remote judicial proceedings. Expands remote proceedings to include grand jurors, but not jurors in a trial.
  • In-person judicial proceedings restricted. Courts must not conduct in-person proceedings contrary to guidance issued by the Office of Court Administration regarding social distancing, maximum group size and other restrictions and precautions. Courts should use all reasonable efforts to conduct proceedings remotely.
  • Civil-case deadlines extended. Any deadline for filing or service of any civil case that falls on a day between March 13, 2020, and June 1 is extended until July 15. This does not include deadlines for perfecting appeal or for other appellate proceedings, requests for relief from which should be directed to the court involved and should be generously granted.
  • Deadline extended for eviction proceedings. In any residential property-eviction action, no trial, hearing or other proceeding may be conducted, and all deadlines are tolled, until after May 18. A writ of possession may issue, but the posting a written warning required by the Property Code (section 24.0061(d)(1)) and the execution of the writ of possession may not occur until after May 25, and the deadlines in Rules 510.8(d)(1)-(d)(2) are suspended while this order remains in effect. New filings may be accepted, but the period in Rule 510.4(a)(10) is suspended and the citation may not be issued and served may not occur until after May 18.
    • But an eviction case and writ of possession may issue in cases in which a tenant or household members or guests have threatened or pose an imminent threat of (i) physical harm to the plaintiff, the plaintiff’s employees or other tenants, or (ii) criminal activity. A court must order procedures for the eviction case to proceed.

Emergency Order 17 – Issued 5/26/2020

Amends existing provisions from the 12th Emergency Order. Among other things, the order addresses deadlines in civil and criminal cases and generally prohibits jury proceedings before August 1, with some exceptions.

The Court’s order expires July 31 unless extended by the chief justice.

Texas Real Estate Forms Manual

See Orders

Emergency Order 1 – Issued 3/13/2020

Permits all judges in the state at their discretion, and requires all judges “to avoid risk to court staff, parties, attorneys, jurors, and the public,” without a participant’s consent.

Emergency Order 3 – Issued 3/18/2020

Modifies Emergency Order 1, prohibits judges from conducting non-essential proceedings in person contrary to local, state, or national directives, whichever is most restrictive, regarding maximum group size.

Emergency Order 4 – Issued 3/18/2020

Prohibits a trial, hearing, or other proceeding in an eviction to recover possession of residential property under Chapter 24 of the Property Code and Rule 510 of the Texas Rules of Civil Procedure until after April 19, 2020.

Emergency Order 8 – Issued 4/1/2020

Amends the First Emergency Order to delay all service and statute-of-limitations deadlines in civil cases from March 13 until June 1. The order does not affect deadlines for filing appeals or other appellate proceedings, but the order notes that requests for any such relief from those deadlines should be generously granted by the particular court.

Emergency Order 9 – Issued 4/6/2020

Extends Emergency Order 4, prohibiting a trial, hearing, or other proceeding in an eviction to recover possession of residential property under Chapter 24 of the Property Code and Rule 510 of the Texas Rules of Civil Procedure until after April 30, 2020.

Emergency Order 12 – Issued 4/27/2020

Updates and clarifies many of the emergency orders addressing Texas courts’ pandemic issues. These are its highlights:

  • Remote judicial proceedings. Expands remote proceedings to include grand jurors, but not jurors in a trial.
  • In-person judicial proceedings restricted. Courts must not conduct in-person proceedings contrary to guidance issued by the Office of Court Administration regarding social distancing, maximum group size and other restrictions and precautions. Courts should use all reasonable efforts to conduct proceedings remotely.
  • Civil-case deadlines extended. Any deadline for filing or service of any civil case that falls on a day between March 13, 2020, and June 1 is extended until July 15. This does not include deadlines for perfecting appeal or for other appellate proceedings, requests for relief from which should be directed to the court involved and should be generously granted.
  • Deadline extended for eviction proceedings. In any residential property-eviction action, no trial, hearing or other proceeding may be conducted, and all deadlines are tolled, until after May 18. A writ of possession may issue, but the posting a written warning required by the Property Code (section 24.0061(d)(1)) and the execution of the writ of possession may not occur until after May 25, and the deadlines in Rules 510.8(d)(1)-(d)(2) are suspended while this order remains in effect. New filings may be accepted, but the period in Rule 510.4(a)(10) is suspended and the citation may not be issued and served may not occur until after May 18.
    • But an eviction case and writ of possession may issue in cases in which a tenant or household members or guests have threatened or pose an imminent threat of (i) physical harm to the plaintiff, the plaintiff’s employees or other tenants, or (ii) criminal activity. A court must order procedures for the eviction case to proceed.

Emergency Order 15 – Issued 5/14/2020

Provides that residential-eviction proceedings may resume May 19 and deadlines are no longer postponed and, beginning May 26, warnings may be posted and possession writs may be executed. For eviction proceedings filed from March 27 through July 25 a sworn petition required by Texas Rule of Civil Procedure 510.3(a)(2) establishing eviction grounds must state that the premises are not subject to the evictions moratorium imposed by the federal CARES Act section 4024. Section 4024 provides a temporary moratorium on eviction filings and other protections for tenants in certain rental properties with federal assistance or federally related financing. The Court’s order is effective immediately and expires July 25 unless the chief justice extends it.

Emergency Order 17 – Issued 5/26/2020

Amends existing provisions from the 12th Emergency Order. Among other things, the order addresses deadlines in civil and criminal cases and generally prohibits jury proceedings before August 1, with some exceptions.

The Court’s order expires July 31 unless extended by the chief justice.

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