All versions of TXdocs come equipped with a cool feature we're really proud of: the Deadline Calculator. This tool is programmed with all deadlines contained in the Texas Civil Practice and Remedies Code and the Rules of Civil Procedure. We've also programmed in the holidays for all counties in Texas (to the extent the holiday schedules are published) so the calculated deadlines are automatically adjusted to accommodate for courthouse holidays. 

 

This Deadline Calculator can be found on the TXdocs "Tools" menu. Simply put in the trigger date and the resulting action date will be calculated. 

First, judges generally are not the biggest fan of children being involved in litigation. Beginning a modification by immediately directly involving the child by having him or her sign a sworn statement isn't a great start. Second, the attorney is possibly making him or herself a fact witness, or staff in their office, by drafting a statement for the child to review and sign. If I represented the responding party, I'd have a lot of interesting questions that could defeat assertions of attorney-client privilege since a third party (the child) was involved/present. Third, if the court finds that evidence is material to the case, the responding party could move to disqualify as a material fact witness.

When a lawyer is or may be a witness necessary to establish an essential fact, Texas Disciplinary Rule of Professional Conduct 3.08 prohibits the lawyer from acting as both an advocate and a witness in an adjudicatory proceeding. In re Leyendecker, No. 01-12-00497-CV, 2012 Tex. App. LEXIS 6581, at *3-4 (Tex. App.—Houston [1st Dist.] Aug. 9, 2012, no pet.) (citing Tex. Disciplinary Rules Prof'L Conduct R. 3.08(a)) (cleaned up).

If a main theory of the responding party's defense is that the child was coerced or pressured to make a statement, and what the attorney (or, by extension, his or her staff) observed, discussed, or heard is material to that defense, it's possible the extreme remedy of disqualification could be a real concern.

Fourth, and finally, counsel speaking or interacting with the child is possibly tainting a witness the court would interview in chambers. If the child discloses that the case was discussed with him or her by counsel, even if that is not an accurate recollection of the interaction, that’s likely going to make the child’s statement less reliable and prejudice the movant’s case. 

In short, I think it’s a bad idea and you should too."

The Texas Supreme Court issued final approval of a Sworn Application and Petition to Stop Cyberbullying Under TCPRC 129A, effective April 1. You can assemble this form in the Family Law or Civil Litigation volumes of TXdocs. For more information on this Sworn Application and Petition click here or below.

Daphne earned her Bachelors degree in Psychology (with a focus on Business Administration) from UTSA before obtaining her MBA from Penn State. Prior to joining TXdocs Daphne worked at The Vanguard Group working with Institutional Retirements Plans in Account Administration, Project Management, and Marketing roles.

In Daphne's own words, "It's very rewarding to work in TXdocs's small, family-like environment where we're all committed to our team's BIG service mantra of continual improvement. We ask, we listen, we improve. TXdocs is absolutely dedicated to improving our subscribers' experience and adding value by acting on feedback we receive. I consider myself lucky to be part of a company where you see ideas and suggestions come to fruition on a very regular basis." To see the latest results of TXdocs's commitment to improvement click here.

In her free time Daphne enjoys spending time with her daughter, playing the piano, nature trails, listening to a variety of music, and organic baking and cooking. Daphne is solely responsible for many pounds being added to the TXdocs staff via the delicious organic treats she brings in to share with the office!

TXdocs now shows any comments to the clerk added while eFiling on all proofs of submission, which are available once a document is successfully submitted into the state's system. These comments also appear on the "status all cases" screen, and if the clerk rejects a filing, the rejection comments are visible on this screen as well. Having comments to the clerk visible on each proof of submission is an easy way to prove that certain information was sent to the clerk should they claim they never received it.

We put a lot of time and effort into our marketing, but we've found that the absolute best way to drive interest in TXdocs is through word of mouth from happy subscribers.

Y'all have been consistently spreading the word about TXdocs and we've been getting a lot of referrals because of it. So, from the bottom of our hearts, THANK YOU!! 

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