Texas Government Code 23.302 – Deadlines in Certain Election Proceedings
(a) Not later than 24 hours after the proceeding is filed, a judge to whom a case is assigned under § 23.301(b) who wishes to be recused from the proceeding must, before recusal:
(1) hear an application for any emergency temporary relief sought;
(2) grant or deny any emergency temporary relief sought; and
(3) set a scheduling order that provides:
(A) a date for a hearing on any injunction sought not later than five days after the date on which the proceeding was filed; and
(B) discovery and deposition deadlines before the expiration of any emergency relief order entered.
(b) The presiding judge of an administrative region shall assign a new judge to a proceeding assigned under § 23.301(b) not later than 12 hours after the original judge assigned to the proceeding is recused under Subsection (a).
Terms Used In Texas Government Code 23.302
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) A final order in a proceeding filed under § 273.081, Election Code, shall be submitted in writing to the parties not later than 24 hours after the judge makes a final determination in the proceeding.
(d) If a district judge does not comply with this section, a person may seek from the supreme court, the court of criminal appeals, or a court of appeals a writ of mandamus as provided by § 273.061, Election Code, to compel compliance with this section.
(e) Notwithstanding § 23.101(b-1), a proceeding relating to a permanent injunction being sought in connection to a challenge under § 141.034, Election Code, may be heard after the primary election has been canvassed.