I want to go to divorce court remotely.

You might not even have to file this motion to appear remotely in court. Many courts in Texas let people use videoconferencing or telephonic appearances after the COVID-19 pandemic.

Start by finding out what your court is doing. TexasLawHelp's Virtual Court County-by-County section has state court procedures for 24 Texas counties. If your county is not included, you can check your county's local rules of procedure or contact the court coordinator. You can usually reach the court coordinator by calling the office of the judge in the court where your case is pending. To find a list of judges' offices, check the Judicial Directory on the website of the Office of Court Administration.

Important: Court coordinators and clerks cannot give you legal advice. Please read What Court Staff Can and Cannot Do.

The Motion to Appear in Court Remotely (called the Motion for short) tells the judge you want to appear remotely for your court appearance (either by videoconference, telephone, or another available electronic means).

When you fill out the Motion:

• Print your answers completely and clearly in blue or black ink.
• Do not leave blanks, except for where the judge will sign.
• Mark the correct boxes for your request.
• Fill in the top of the form (the part that asks for the cause number; the names of the people involved in the suit; the court number; and the county) exactly as it appears in other court documents.
• Include your name and contact information and the name and contact information for all other people involved.
• Sign it.

When courts are hearing matters by videoconference and telephone, it is extremely important that the contact information is up-to-date so that everyone affected by your motion knows about the next steps.

Read through it carefully and check the boxes. Fill in the blanks that apply to your situation, such as:

• Your relationship to the child;
• Whether everyone agrees to file this Motion;
• Whether you are asking for remote participation in court proceedings;
• If you are asking the court to hold the hearing someplace other than the courthouse;
• Whether you are asking for remote interviews with children who are the subject of the case; and
• Whether you are going to use affidavits or unsworn declarations as evidence.

You will ask the judge to sign Order on Motion to Appear Remotely in Court to grant the Motion to Appear Remotely in Court.

The judge will check the boxes next to each number in the order that applies. For example, "2. Remote Participation in Proceedings (Check if applicable.)" will be marked by the judge.

If the other side has a lawyer, ask the lawyer to sign.

Note: If the other side (or the other side’s lawyer) will not sign both forms, the motion is not agreed.

File (turn in) your completed Motion to Appear Remotely in Court form and the proposed Order forms with the court.

To file online, go to E-File Texas and follow the instructions. You can read How to E-File if you have questions.

To file your forms in person, take your motion and copies to the District Clerk’s office in the county where your legal matter is proceeding.

At the clerk’s office:

• Turn in your Motion and copies.
• Ask the clerk if there is a local standing order you need to follow or attach to any of your documents. Also, ask if there are local rules or procedures you need to know about for family law proceedings. (You can also check the clerk’s website because fees are often listed online.)
• The clerk will “file-stamp” your copies with the date and time. The clerk will keep the original and give one copy back to you.
• There should not be a filing fee for this type of motion. You should check with the clerk’s office to make sure. If there is a fee, and you cannot afford it, you might be able to get your filing fees waived. Read Court Fees & Fee Waivers for more information.

Follow the clerk’s instructions on how to present your Motion to Appear in Court Remotely to a judge. Sometimes the judge will sign the order without needing to hear from you. Sometimes they will want to have a hearing. That hearing might be by videoonference or phone.

If the judge signs your Order on Motion to Appear in Court Remotely, contact the clerk’s office to make sure it is on file with them. A list of district and county clerks is available in the Judicial Directory.

Ask the clerk whether you need to let anyone else at the courthouse know that the motion allowing videoconferencing or telephonic access has been granted. You may need to let the court administrator know of the change so the court’s calendar can be updated.

Send a file-stamped copy of the signed Order on Motion to Appear in Court Remotely to the other side by email, fax, USPS, or commercial delivery. Keep proof that you sent it. You must bring proof when you appear online or by phone for court on your new hearing date.