Summary: In short, court hearings are time sensitive matters that require attention to detail and constant communication with all parties involved. Being proactive is the best way to make sure CPT and the source attorney are prepared to address any concerns the court may have.
Prior to a hearing, the attorney must submit documents to the court. Normally, this must be done with A LOT of time in advance. This means that the JTO should have reviewed the documents that the attorney submitted to the court prior to the hearing.
CAUTION: Request that the source attorney please submits all documentation to CPT Institute to review before to submitting to the court.
Step 1: Review Type of Hearing – Civil, Probate, or Texas this determines the documents below.
CIVIL COURT HEARING – Civil damages are monetary awards granted when a person suffers a loss due to the wrongful or negligent actions of another party.
PROBATE COURT HEARING – Probate court is part of the judicial system handling wills, estates, conservatorships, and guardianships. Typically people who lack capacity and minor cases.
TEXAS COURT HEARING - In Texas if they lack capacity or minor, the court appoints a G.A.L is an Attorney in Texas. They are the only party to inform the judge what actions they feel are appropriate for the Plaintiff. The Plaintiff and Defense have no authority on this. This is unique to Texas.
Step 2: Complete a "Joinder" & "Amended Declaration" and submit a copy to the source attorney with the Master trust pertaining the applicable state.
Step 3: Provide MC 350 & MC 351 Examples