Remote Testimony and Unsworn Declarations

As we all contend with remote hearings and hearings by written submission, here are a few statutes and cases to consider: Administration of Oath.  An oath made in Texas may be administered by a judge, an associate judge, a notary public, and fifteen other types of government officials.  Tex. Gov’t Code § 602.002 Definition of “Affidavit.”  An affidavit is “a […]

A Primer on Enforcing a Standing Order

Standing Order — Generally Enforceable by Contempt   A standing order is, by definition, a “forward-looking order that applies to all cases pending before a court.”  In re Inquiry Concerning Honorable (Ginsberg), 2018 Tex. LEXIS 525, *26-27, 2018 WL 2994940 (Sp. Ct. of Review Appt. By the Supreme Court of Texas 2018) (defining Order, standing order, Black’s Law Dictionary (9th ed. 2009) (“Some individual […]

Limitations on the enforcement of “voluntary” spousal support obligations

Dalton v. Dalton, 551 S.W.3d 126 (Tex. 2018) Link to Court’s Opinion Facts  Husband and wife entered an agreement in Oklahoma for spousal support, which an Oklahoma court approved.  Husband later filed for divorce in Texas.  The Texas court gave the Oklahoma order full faith and credit.  The court then granted the divorce, incorporating the parties’ agreements as approved in […]