law pg 11,12.qxp_Layout 1 1/20/21 9:51 AM Page 1
It’s the Law
By HOWARD BOOKSTAFF, Hoover Slovacek LLP , HAA General Counsel
EVICTION JURY TRIALS Is delay inevitable?
PICTURE THIS: A resident has not paid rent since July. You have tried everything – offering payment plans, waiving late fees, suggesting lease cancellations. In August, you gave a 30-day notice to vacate. You filed in September and the court date was set for early October. But then, you received notice that the resident requested a jury trial. The court tells you that you cannot go to trial because the court is not holding jury trials. The case is abated. You wonder, what is going on? How can this be? Does the resident get to stay in their unit indefinitely without paying rent simply by paying a small jury fee? COVID-19 has changed the speedy, inexpensive and simple eviction process into one that is lengthy, expensive and complicated. Since March, we have seen a statewide moratorium on evictions, the CARES Act moratorium on evictions, the CDC order temporarily halting evictions and the modifica-
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tion and suspension of rules requiring timely eviction trials. COVID-19 has changed the speedy, inexpensive Since March, we have also and simple eviction process into one that is seen a prohibition against inlengthy, expensive and complicated. person jury trials. The Texas Rules of Civil Procedure provide that residents have a right to The Supreme Court’s Twenty-Ninth Emerrequest a jury trial in an eviction case. Any gency Order issued November 11, 2020, proparty may file a written demand for a trial by vides that, subject only to constitutional jury by making a request to the court at least limitations, all courts in Texas may in any three days before the trial date. Unless othercase, civil or criminal – and must to avoid wise provided by law, the party demanding a risk to court staff, parties, attorneys, jurors jury must pay a fee of $22 or must file a and the public – without a participant’s consworn statement of inability to pay the fee at sent, modify or suspend any and all deador before the time the party files a written relines and procedures, whether prescribed by quest for a jury. statute, rule or order, for a stated period endIf a jury is demanded by either party, the ing no later than February 1, 2021. Additionjury will be impaneled and sworn in as in ally, in the Supreme Court’s Twenty-Ninth other cases. After hearing the evidence, the Emergency Order, the court has ordered that jury will return its verdict in favor of one of a justice court must not hold an in-person the parties. If no jury is timely demanded by jury proceeding, including jury selection or either party the judge will try the case. a jury trial, prior to February 1, 2021. In all
February 2021
ABODE
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