As amended through August 27, 2024
Rule 1.05 - EMERGENCY AND SPECIAL SESSIONS; TEMPORARY ORDERS(A) EXCEPT IN EMERGENCIES, WHEN THE CLERK'S OFFICE IS NOT OPEN FOR BUSINESS, NO APPLICATION FOR IMMEDIATE OR TEMPORARY RELIEF SHALL BE PRESENTED TO A JUDGE UNTIL IT HAS BEEN FILED AND ASSIGNED TO A COURT AS IS PROVIDED IN THESE RULES.(B) IF THE JUDGE OF THE COURT TO WHICH SUCH CASE IS ASSIGNED IS ABSENT OR IS OCCUPIED WITH OTHER MATTERS, SUCH APPLICATION MAY BE HEARD BY ANY OTHER DISTRICT OR COUNTY COURT AT LAW JUDGE WHO MAY SIT FOR THE JUDGE OF THE COURT IN WHICH THE CASE IS PENDING AND WHO SHALL MAKE ALL ORDERS, WRITS AND PROCESS RETURNABLE TO THE COURT TO WHICH THE CASE IS ASSIGNED.(C) HEARINGS ON APPLICATIONS FOR TEMPORARY INJUNCTIONS, TEMPORARY RECEIVERSHIPS, AND THE LIKE, SHALL BE SET IN THE COURT TO WHICH THE CASE HAS BEEN ORIGINALLY ASSIGNED BY CONSULTING WITH THAT COURT.(D) ALL APPLICATIONS FOR EX PRATE RELIEF SHALL STATE WHETHER OR NOT, WITHIN, THE KNOWLEDGE OF APPLICANT AND APPLICANT'S ATTORNEY, THE OPPOSING PARTY IS REPRESENTED BY COUNSEL AND, IF SO, THE NAME OF SUCH COUNSEL, AND WHETHER OR NOT SUCH COUNSEL/PARTY HAS BEEN APPRISED OF THE APPLICATION FOR EX PRATE RELIEF.(E) TEXAS FAMILY CODE CASES THAT ARE EXCEPTIONS TO SECTION 3.58 MUST BE PRESENTED TO THE COURT BY AN ATTORNEY.(F) EXCEPT FOR CASES FILED UNDER THE TEXAS FAMILY CODE, THE PARTY REQUESTING SUCH TEMPORARY RELIEF SHALL BE PRESENT IN COURT AT THE TIME SUCH RELIEF IS REQUESTED, UNLESS THE COURT WAIVES THIS REQUIREMENT FOR GOOD CAUSE SHOWN.(G) WHENEVER IMMEDIATE ACTION OF A JUDGE IS REQUIRED IN AN EMERGENCY WHEN THE CLERK'S OFFICE IS NOT OPEN FOR BUSINESS, THE CASE SHALL, NEVERTHELESS, AT THE EARLIEST PRACTICABLE TIME BE DOCKETED AND ASSIGNED TO A COURT AS PROVIDED BY THESE RULES, AND ALL WRITS AND PROCESS SHALL BE RETURNABLE TO THE ASSIGNED COURT.