Texas Family Code 15.052 – Definitions
Terms Used In Texas Family Code 15.052
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
In this chapter:
(1) “Collaborative family law communication” means a statement made by a party or nonparty participant, whether oral or in a record, or verbal or nonverbal, that:
(A) is made to conduct, participate in, continue, or reconvene a collaborative family law process; and
(B) occurs after the parties sign a collaborative family law participation agreement and before the collaborative family law process is concluded.
(2) “Collaborative family law participation agreement” means an agreement by persons to participate in a collaborative family law process.
(3) “Collaborative family law matter” means a dispute, transaction, claim, problem, or issue for resolution that arises under Title 1 or 5 and that is described in a collaborative family law participation agreement. The term includes a dispute, claim, or issue in a proceeding.
(4) “Collaborative family law process” means a procedure intended to resolve a collaborative family law matter without intervention by a tribunal in which parties:
(A) sign a collaborative family law participation agreement; and
(B) are represented by collaborative family law lawyers.
(5) “Collaborative lawyer” means a lawyer who represents a party in a collaborative family law process.
(6) “Law firm” means:
(A) lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association; and
(B) lawyers employed in a legal services organization or in the legal department of a corporation or other organization or of a government or governmental subdivision, agency, or instrumentality.
(7) “Nonparty participant” means a person, including a collaborative lawyer, other than a party, who participates in a collaborative family law process.
(8) “Party” means a person who signs a collaborative family law participation agreement and whose consent is necessary to resolve a collaborative family law matter.
(9) “Proceeding” means a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery.
(10) “Prospective party” means a person who discusses with a prospective collaborative lawyer the possibility of signing a collaborative family law participation agreement.
(11) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(12) “Related to a collaborative family law matter” means a matter involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative family law matter.
(13) “Sign” means, with present intent to authenticate or adopt a record, to:
(A) execute or adopt a tangible symbol; or
(B) attach to or logically associate with the record an electronic symbol, sound, or process.
(14) “Tribunal” means a court, arbitrator, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter.