Claudia L. Laird

Montgomery County Probate Courts Rules of Administration (mental-health / Health & Safety Code cases) (adopted July 7, 2026)

The Statutory Probate Court's rules of administration governing Texas Health and Safety Code (mental-health) proceedings in Montgomery County Probate Court No. 1, adopted July 7, 2026 by Judge Claudia Laird (statutory-probate administrative judge / PC1) under Gov't Code § 25.0022(d)(1), TRJA 10, TRCP 3a, Rule 2 of Presiding State Statutory Probate Judge Administrative Order 2025-2, and the county Rules of Administration; these constitute standing orders of the Statutory Probate Courts and knowing or intentional violation may be sanctioned. They supersede the mental-health portion of the December 16, 2022 probate-cases rules. Contents: definitions (Ancillary Matter; Board of Probate Judges; Clerk = County Clerk); Rule 1 the local administrative statutory probate court judge; Rule 2 docket and scheduling (court-set hearings; contested motions in writing with a SEPARATE proposed order; movant schedules and serves notice stating oral vs. submission; responses in writing at least 24 hours before consideration, with leave assumed if the court rules without further setting; submission-vs-hearing at the court's discretion unless law requires oral); Rule 3 filing per TRCP and local e-filing; Rule 4 attorney and mental-health attorney ad litem responsibilities (reasonable efforts to meet/advise clients before any hearing, notify the court and County Attorney if unable; waivers encouraged filed by 8:00 p.m. the day before, e-filed or emailed, as a request not an order); Rule 5 continuances (agreed filed promptly; contested per TRCP 251 et seq., set for submission with 24-hour notice, grounds stated, emergencies on less notice showing the emergency); Rule 6 conduct of hearings (per Health & Safety Code chs. 573/574, TRCP and Evidence; patient/proposed-resident rights honored; professional conduct with reasonable court-imposed time limits); Rule 7 courtroom attire (respectful dress, no obscene/offensive clothing; attorneys need not wear suits; no hats/head coverings except religious or medical; HOSPITAL GOWNS, medical attire, or facility-issued clothing PERMITTED for proposed residents/respondents/patients/witnesses appearing from hospitals or treatment settings; no denial of participation or adverse inference from medically-required attire; dignity preserved); Rule 8 professionalism and civility (Texas Lawyer's Creed); Rule 9 compliance and enforcement (sanctions for non-compliance); Rule 10 modification at any time; Rule 11 adoption/amendment (effective on TRCP 3a posting; amendable by majority of the Statutory Probate Judges; recorded in the Minutes of Montgomery County Probate Court Number One).