Family Law 10-12 - ProDoc

1 ProDoc TEXAS Family LAWProDoc s Family Law volume is an absolute must have for anyone practicing Family law in Texas. It contains forms from the State Bar of Texas Family Law Practice Manual1 , 3rd ed, and Pattern Jury Charges1, as well as numerous local and agency forms. With more than 790 automated forms, it is a comprehensive volume, covering the areas of divorce, suits affecting the parent-child relationship, enforcement, and modifi cation. CHAPTER 2: ATTORNEY-CLIENT RELATIONS & COMMUNICATIONS2-1 Fee Agreement for Initial Consultation2-2 Employment Contract2-3 Letter to Prospective Client Declining Employment2-4 Letter to Client Confirming Request to Take No Action2-5 Letter to Client Advising Against Settlement2-6 Client Questionnaire - Divorce2-7 Client Questionnaire - Parent Child Relationship2-8 Schedule of Marital Property2-15 Notice of Current Address2-16 Letter to Client Regarding Informal Settlement2-17 Letter to Client Regarding Firearms2-18 Letter to Client Regarding Inadvertent AgreementsCHAPTER 3.

2 DIVORCE PLEADINGS3-1 Original Petition for Divorce3-2 Petitioner s Supporting Affidavit3-3 Temporary Restraining Order & Order Setting Hearing3-4 Notice of Hearing for Temporary Orders3-5 Motion to Extend Temporary Restraining Order3-6 Order on Motion to Extend Temporary Restraining Order3-7 Application to Enjoin Subsequent Suit3-8 Letter to Opposing Party - Notice of Filing Divorce3-9 Notice of Non-suit3-10 Order Granting Non-suit3-11 Appearance of Co-Counsel3-12 Letter to Opposing Party Enclosing Waiver of ServiceCHAPTER 3: RESPONDENT S PLEADINGS3-13 Waiver of Service3-14 Respondent s Special Appearance3-15 Respondent s Plea in Abatement3-16 Respondent s Original Answer3-16A Original Counter-petition for Divorce3-16B Counter-petitioner s Supporting Affidavit3-16C Temporary Restraining Order & Order Setting Hearing - Counter-petitioner3-16D Notice of Hearing for Temporary Orders - Counter-petitioner3-17 Special Exceptions and Motion to Strike3-18 Order on Special Exceptions and Motion to StrikeCHAPTER 3: INTERVENOR S PLEADINGS3-51 Petition in Intervention for Conservatorship3-52 Petition in Intervention for Attorneys FeesCHAPTER 4.

3 DIVORCE-TEMPORARY ORDERS4-1 Motion for Temporary Orders4-2 Financial Information Statement (for Hearings)4-3 Temporary Orders4-4 Motion to Sign Temporary Orders4-5 Motion to Modify Temporary Orders4-6 Motion to Extend Temporary Orders4-7 Motion for Counseling4-8 Order on Motion for Counseling4-9 Request for De Novo HearingCHAPTER 5: DISCOVERY5-1 Motion for Discovery Control Plan5-2 Agreed Order on Motion for Discovery Control Plan5-3 Motion to Modify Discovery Control Plan5-4 Order on Motion to Modify Discovery Control Plan5-5 Motion for Protective Order5-6 Order on Motion for Protective Order5-7 Motion for Confidentiality Order5-8 Confidentiality Order5-9 Request for Identification of Withheld Production5-21 Rule 194 Requests for Disclosure5-22 Response to Rule 194 Requests for Disclosure5-23 Request for Production - to Party5-24 Response to Request for Production and Inspection5-25 Notice for Production or Inspection of Documents5-26 Language for Production of Bank Records5-27 Language for Production of School Records5-28 Language for Production of

4 Employment Records5-29 Language to Secure Social Worker s Report5-30 Affidavit for Business Records5-31 Authorization for Release of Protected Health Information5-32 Motion for Order to Obtain Protected Health Information5-33 Order on Motion for Order to Obtain Protected Health Information5-34 Subpoena to Compel Production of Protected Health Information5-40a Interrogatories - Family Law (NOT SBOT)5-41 Written Interrogatories - Cover Sheet5-42 Answers to Interrogatories5-43 Pattern Interrogatories - General5-44 Pattern Interrogatories - Property5-45 Pattern Interrogatories - Conservatorship5-46 Pattern Interrogatories - Modify Child Support5-47 Pattern Interrogatories - Modify Conservatorship5-61 Request for Admissions5-62 Response to Request for Admissions5-63 Motion to Withdraw or Amend Admissions5-64 Order on Motion to Withdraw or Amend Admissions5-65 Motion - Sufficiency of Answers and Objections to Admissions5-66 Order - Sufficiency of Answer and Objections to Request5-71 Notice of Intention to Take Oral Deposition5-72 Notice of Recording Deposition5-73 Motion to Require Transcription of Deposition5-74 Order on

5 Motion to Require Transcription of Deposition5-75 Notice of Intent to Take Deposition on Written Question5-81 Motion for Reduction of Expert s Report5-82 Order on Motion for Reduction of Expert s Report5-83 Motion for Physical or Mental Examination5-84 Order on Motion for Physical or Mental Examination 2010 Thomson ReutersRev 10-12continued on page 2 Page 11 This document assembly system is not a product of the State Bar of Texas and is not endorsed by the State Bar. The material in this system is provided by Thomson Reuters under a license from the State Bar of Texas, which took no part in producing the system. The license agreement between Thomson Reuters and the State Bar of Texas contains specific disclaimers of the State Bar s Liability with regard to the system and its contents, to which interested persons should refer.

6 The material in this system is also contained in the Texas Family Law Practice Manual, 3rd Ed., The Texas Collections Manual, 3rd ed., The Texas Real Estate Forms Manual, the Texas Foreclosure Manual, 2nd ed., and the Texas Pattern Jury Charges, published by the State Bar of Texas and are intended for use in conjunction with those Family Law 10-12 Page 25-91 Motion to Compel Discovery and for Sanction5-92 Order on Motion to Compel Discovery and Sanctions5-93 Subpoena - Discovery5-94 Subpoena to Compel Production5-95 Letter to Nonparty Requesting Execution of Affidavit for Business Records5-96 Notice of Filing of Business Records Affidavit5-97 Notice Relating to Self-Authentication of DocumentsCHAPTER 6: INFO GATHERING & THIRD PARTY6-1 Inquiry on Court of Continuing Jurisdiction (NOT SBOT)6-2 Application for a Social Security Card (NOT SBOT)6-3 Request for Copy of Tax Return (NOT SBOT)6-4 Application for Copy of Driver Record (NOT SBOT)6-5 Request for Texas Motor Vehicle Information (NOT SBOT)6-6 Letter of Inquiry - Motor Vehicle6-7 Letter of Inquiry - Boat6-8 Letter of Inquiry - Airplane6-9 Letter of Inquiry - Deeds (County Clerk)

7 6-10 Letter of Inquiry - Property Tax Rolls6-11 Letter of Inquiry - Creditor6-12 Letter of Inquiry - Business Interests6-13 Letter of Inquiry - Patents6-14 Letter of Inquiry - Cattle6-15 Letter of Inquiry - Assumed Name Filings6-16 Letter of Inquiry - UCC Financial Statements - State6-17 Letter of Inquiry - UCC Financial Statements - County6-18 Letter of Inquiry - Financial Accounts6-19 Letter of Inquiry - Life Insurance6-20 Letter of Inquiry - Health Coverage6-21 Letter of Inquiry & Notice of TRO - Health Insurance6-31 Letter to Creditor - Closing Account6-32 Letter to Creditor - Requesting Forbearance6-33 Records Authorization - Life Insurance6-34 Records Authorization - Health Care6-35 Records Authorization - Financial6-36 Written Authorization - Disclosure of Alcohol & Drug Abuse Patient Records6-41 Notice of Lis Pendens6-42 Release of Lis Pendens6-43 Motion to Cancel Lis Pendens6-44 Order on Motion to Cancel Lis Pendens6-45 Motion to Expunge Lis Pendens6-46 Order on Motion to Expunge Lis Pendens6-51 Retirement Benefits Checklist6-52 Notice Letter - Pension Claim6-53 Affidavit Concerning Costs & Necessity of ServicesCHAPTER 7: INVENTORY & APPRAISEMENT7-1 Inventory & Appraisement of (Name of Party)7-1B Inventory and Appraisement (Blank Form)7-2 Instructions - Preparing Inventory & AppraisementCHAPTER 8.

8 MOTION PRACTICE8-1 Designation of Attorney in Charge/Entry of Appearance8-2 Motion for Substitution of Counsel8-3 Order on Motion for Substitution of Counsel8-4 Motion for Withdrawal of Counsel8-5 Order on Motion for Withdrawal of Counsel8-6 Client s Receipt for File8-7 Motion to Disqualify Attorney8-8 Order on Motion to Disqualify Attorney8-9 Motion to Show Authority8-10 Motion to Recuse Judge & Order without Hearing8-11 Motion to Disqualify Judge & Order without Hearing8-12 Response to Motion to Recuse or Disqualify Judge8-13 Order to Recuse or Disqualify Judge (with Hearing)8-14 Objection to Assigned Judge8-15 Motion for Referral8-16 Order of Referral8-17 Objection to Referral of Trial to Associate Judge8-18 Motion for Rule 106 Alternative Service8-19 Affidavit of Attempted Personal Service8-20 Affidavit in Support of Rule 106 Alternative Service8-21 Order on Motion for Rule 106 Alternative Service8-22 Motion for Rule 109a Other Substituted Service8-23 Affidavit in Support of Rule 109a Other Substituted Service8-24 Order on Motion for Rule 109a Other Substituted Service8-25 Order Authorizing Rule 103 Service of Process8-26 Motion to Take Judicial Notice8-27 Order on Motion to Take Judicial Notice8-28 Motion for Severance8-29 Order on Motion for Severance8-30 Motion to Consolidate8-31 Order on Motion to Consolidate8-32

9 Motion for Separate Trials8-33 Order on Motion for Separate Trials8-34 Motion for Change of Venue8-35 Order for Change of Venue8-36 Motion for Appointment of Master in Chancery8-37 Order of Reference on Appointment of Master8-38 Exceptions & Objections to Report of Master8-39 Order on Report of Master in Chancery8-40 Motion for Rendition of Decree as Recommended8-41 Motion for Appointment of Auditor8-42 Order on Motion for Appointment of Auditor8-43 Motion for Appointment of Receiver8-44 Order on Motion for Appointment of Receiver8-45 Oath of Receiver8-46 Lis Pendens by Receiver8-47 Receiver s Motion to Dissolve Receivership8-48 Receiver s Motion for Authority to List Property8-49 Order Authorizing Receiver to List Property8-50 Receiver s Report of Sale & Motion for Confirmation8-51 Order Confirming Sale of Real Property8-52 Receiver s Final Account & Motion for Discharge8-53 Order Approving Final Account & Discharging Receiver8-54 Letter to Client Regarding Notice of Dismissal8-55 Motion to Retain Case on Docket8-56 Order on Motion to Retain Case on Docket8-57 Motion to Reinstate Case on Docket8-58 Order on Motion to Reinstate Case on Docket8-59 Request for De Novo HearingCHAPTER 9.

10 CHILD SUPPORT9-1 National Medical Support Notice9-2 Request for Issuance of Order or Notice9-3 Income Withholding for Support (Order-Notice to Withhold Income) (NOT SBOT)9-4 Notice of Application for Order or Notice to Withhold Income9-5 Motion to Stay Issuance and Delivery of Order or Notice9-6 Request for Issuance of Income Withholding for Support9-7 Employer s Motion and Request for Hearing on Applicability of Order9-8 Filing Letter for Order or Notice to Subsequent Employer9-9 Filing Letter for Postal Receipt - Order or Notice to Subsequent Employer9-10 Request for Income Withholding for Child Support (voluntary)9-11 Request for Income Withholding for Child Support (agreed)9-12 Original Petition to Terminate or Modify Withholding9-13 Order Terminating or Modifying Withholding Order or Writ9-14 Petition for Support of Disabled Child9-15 Order for Support of Disabled Child9-16 Original Petition to Recover Child Support Paid In Excess of Order9-17 Order to Recover Child Support P