Thursday, August 20, 2009

TRCP3a: LOCAL RULES What do the statewide rules of procedure have to say about local rules of local courts or court systems?

TEX. R. CIV. P. 3a defines the relationship between the TRCP that apply state-wide and the local rules, which may vary among localities, and contains provisions as to their proper adoption and promulgation.

TEXT OF RULE 3a. LOCAL RULES

Each administrative judicial region, district court, county court, county court at law, and probate court, may make and amend local rules governing practice before such courts, provided:


(1) that any proposed rule or amendment shall not be inconsistent with these rules or with any rule of the administrative judicial region in which the court is located;

(2) no time period provided by these rules may be altered by local rules;

(3) any proposed local rule or amendment shall not become effective until it is submitted and approved by the Supreme Court of Texas;

(4) any proposed local rule or amendment shall not become effective until at least thirty days after its publication in a manner reasonably calculated to bring it to the attention of attorneys practicing before the court or courts for which it is made;

(5) all local rules or amendments adopted and approved in accordance herewith are made available upon request to members of the bar;

(6) no local rule, order, or practice of any court, other than local rules and amendments which fully comply with all requirements of this Rule 3a, shall ever be applied to determine the merits of any matter

RELATED SEARCH TERMS AND CONCEPTS: Local Rule, by pursuant to Loc. R., local rules

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