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TEXAS SUPREME COURT CORONAVIRUS UPDATE

Contact: Osler McCarthy
512.463.1441 or email

TEXAS SUPREME COURT CORONAVIRUS UPDATE

Chief Justice Nathan L. Hecht has ordered eviction proceedings for residential property and filing deadlines in eviction cases be delayed until after April 30, extending the original deadline set in the fourth emergency order.

The ninth emergency order, issued Monday, establishes:

¶ Trials, hearings or other proceedings under Texas Property Code chapter 24 and civil procedure Rule 510 may not be conducted and all deadlines tolled until after April 30, 2020.

¶ A writ of possession may issue, but the posting of the written warning required by Property Code section 24.0061(d)(1) and the writ’s execution may not occur until after May 7 and deadlines in Rules 510.8(d)(1)-(d)(2) are tolled while the order remains in effect; and

¶ New filings may be accepted, but the time in Rule 510.4(a)(10) is suspended, and issuance and service of citation may not occur until after April 30, 2020.

¶ An eviction case may proceed if, but only if, a court orders the eviction to proceed and stating its procedures upon the plaintiff’s showing a tenant or a tenant’s household members or guests pose imminent threat of physical harm to the plaintiff, the plaintiff’s employees, or other tenants, or criminal activity.

The ninth order, effective immediately, and expires April 30 unless extended by the chief justice.

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