On October 31, 2022, the Supreme Court of Texas issued the 57th Emergency Order, which is effective immediately and renews the 55th Emergency Order through 2022. The 57th Emergency Order makes no substantive changes to the 55th Emergency Order. Notably, Texas courts are still, subject to constitutional limitations, permitted to conduct virtual proceedings without participants’ consent. Also, municipal courts still must not require lawyers, parties, or jurors to appear remotely for jury trials unless the court has “considered on the record or in a written order any objection or motion related to proceeding with the jury proceeding at least seven days before the jury proceeding or as soon as practicable if the objection or motion is made or filed within seven days of the jury proceeding.” As a reminder, the latest Emergency Orders do not give courts authorization to modify or suspend court-related deadlines. The full text of the 57th Emergency Order is accessible using the hyperlink above, or is embedded in full below.
For best practices and guidance on conducting in-person and remote court proceedings under the 57th Emergency Order, visit the Office of Court Administration’s Court Coronavirus Information webpage.
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