The Coronavirus better known as Covid-19 continues to affect
life as we know it. Nothing seems to be
immune from restaurants being shutdown to school closing. However, the legal process is adapting to
some of these sweeping conditions.
As of March 18, 2020 the 416th District Court
Rules for Remote Proceedings are as follows:
The Governor has declared
a state of emergency
and the Office of
Court Administration (OCA) has
suggested that all
non-critical court proceedings
should be suspended. However,
technology and state law allows options not previously available. As
such the 416th
District Court of Collin
County will continue to
conduct hearings if
the parties have the technology and
desire to do so.
The following restrictions
and limitations will
apply but should
be similar to
what is required for an in-person hearing. Any
non-essential requests for
a courtroom hearing
will be considered but likely postponed
per the current Collin County
District Court Joint
Statement Regarding Health
and Safety Concerns. It is anticipated most parties will
agree to a “virtual” hearing.
The Procedures for Litigants in the 416th
District Court will be using Zoom video conferencing. It
is free to
download at z oom.us
or you can download the app directly
to your cell
phone. The Court will email you a
link to the hearing. Your computer
must have internet access,
a video camera and
a microphone, preferably by
way of a headset.
IF YOU CAN ONLY
PARTICIPATE VIA TELEPHONE
YOU MUST COORDINATE IT THE
DAY BEFORE WITH THE
COURT COORDINATOR NO LATER THAN 12:00 PM.
Ensure the Court Coordinator
(SJanway@co.collin.tx.us) has the email
of all participating parties to
the case at the time
of scheduling the hearing.
The Court will be the “host” of all hearings. If
you intend to
offer any exhibits
during the hearing
you need to
email them to
all parties, the court
reporter
(DMoses@co.collin.tx.us) and the
Court Coordinator
Sjanway@co.collin.tx.us) not later
than 12:00 p.m. the
day before the hearing. The subject of
the email should be
the full cause number and
“ – Plaintiff
Exhibits” (or cause
number “ – Defendant
Exhibits”). The documents must be
in .pdf format. The Court
cannot consider any exhibits
not emailed to the court
reporter in a timely
manner. If you
fail to follow
this requirement the court
reporter will not
maintain these documents
in the record. Documents which have been e-filed and
accepted into the Courts file need not be re-sent to the Court.
PROCEDURES FOR WITNESSES:
Witnesses MUST appear by video conferencing. The
attorney calling the witness
is responsible for ensuring
that the witness
has a separate
video and audio
feed. Attorneys should not
attempt to “share” a connection with a witness.
All witnesses should be prepared to present a valid form of identification to verify
their identity to the Court
over the video feed.
It is the responsibility of
the attorney offering
the witness to ensure that the
witness has the link
to the proceedings and
that all exhibits
are available to
the witness, including those of
opposing parties.
The public should know that the Open Courts Provision of
Texas Law allows all Texans access to court proceedings. As such, anyone may call the court
coordinator at 972.548.4520 to get access codes to hearings. If you are viewing, please mute your
connection to prevent disruption to the proceedings. The public may view or listen to proceedings,
but video or audio recording is prohibited.
Having an attorney with the resources and knowledge to give
you the best representation is vital to your interest and the interest of your
family. You also want to make sure they
will exhaust all avenues and be willing to research, pursue and implement
strategies to provide the best possible outcome.
Rob McAngus,
Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and
his practice is devoted primarily to family law, including high conflict
divorce, custody cases, and complex property issues. In addition to being
selected on the Board of Directors for the Family Law Section of the Dallas Bar
Association; he values your priorities as a parent and works with you to
achieve the goals that will help transition your family to a new normal. As both an adopted child and a member of a
blended family, Rob can provide a unique perspective in the practice of family
law.
Rob has been recognized in Super Lawyers as a Rising Star in
2016 through 2020, and recently The National Advocates recognized Rob as one of
the Top 40 Under 40. He can be reached
by calling 214.526.5234 or email at rmcangus@vernerbrumley.com. Mr. McAngus received his bachelor’s degree
cum laude and master’s degree from Baylor University and graduated cum laude
from the Dedman School of Law at Southern Methodist University.
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