Angelina County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A postponement request must be submitted in writing at least three business days before trial or hearing unless its grounds arose later; the court may grant or deny the motion with or without a hearing.
- Attorneys or defendants may request a reset no later than 24 hours before the current setting, except when the circumstances justifying the request arise later.
Document Format Requirements3 rules
A reset request must be made in writing.
Court's wording
Requests for a reset of your hearing must be made in writing and submitted to the court within 24 hours of the scheduled hearing, unless a given situation arises that prevents the timeliness of the requests.
A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.
The word “entered” should not be used in the line provided immediately above the judge’s signature to show the date on which a judgment or order is signed.
Document Filing Requirements21 rules
Request shall be submitted on the form provided by the court. The court form is located on the court's website or a copy may be obtained from the court's office.
A records request must be written, submitted to the Judge as custodian under the court’s reasonable procedures, and identify the requested record sufficiently.
Court's wording
All person(s) requesting to inspect or copy records made or maintain by or for the courts in their regular course of business shall submit a written request to the custodian of records (Judge) and according to the court's reasonable procedures and must include sufficient information to reasonably identify the record requested.
The request shall not be addressed to any other custodian of record or multiple custodians of record. Request not in compliance with this rule of the courts will be returned to the requester for correction and re-submission.
Officers SHALL submit a probable cause affidavit with the citation when charging a Defendant with Class C offense for Possession of Drug Paraphernalia.
Officers SHALL submit a probable cause affidavit with the citation when charging a Defendant with Class C offense for assault charges, including assault family violence.
Officers SHALL submit a probable cause affidavit with the citation when charging a Defendant with Class C offense OF Public Intoxication or a Tobacco Offense.
Officers shall enter their Name, Penal Code Section and Offense Classification on all probable cause affidavits and warrants prior to submitting them to the Clerk(s) of the Court for entry and issuance of Arrest Warrants.
A party requesting a civil jury trial shall file a written request, with the Court in which the case is filed, not later than the 14th day before trial.
An Order transferring the case shall identify the Court to which the case is being transferred and a copy of the Order shall be delivered to each party or their attorney of record.
Parties objecting to a motion to retain shall state in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Any party who files a motion to retain shall state in writing the factual and legal basis why the case should not be dismissed for want of prosecution.
An Order transferring the case shall identify the Court to which the case is being transferred
If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney.
contact information for the party must be provided in the motion.
An attorney of record may withdraw from representation of a party only upon written motion for good cause shown.
If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.
A party desiring to have file-stamped copies of any documents returned to them by mail, shall include with the original document to be filed an extra copy of the document and a self-addressed, postage-paid envelope for the court’s return.
Each draft order must have a heading showing the cause number, case style, and court in which it is pending.
Court's wording
A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.
The Court may rule on the motion with or without a hearing; parties wanting to provide oral argument shall request a hearing in their motion or objection.
An attorney becomes attorney of record in a misdemeanor case by listing his or her name on pleadings or by setting or resetting the case. He or she remains attorney of record until relieved by written order of the Court.
So far as practicable, every draft of a judgment or order to be signed by a judge should be approved as to form by attorneys for all parties before it is presented to the judge.
Filing & Service rules
Electronic Filing Rules
Electronic records requests must be submitted through the Public Information Request web portal or they will be returned for resubmission through that portal.
All electronic request shall be submitted through the court's web portal at www.angelinacounty.net . Electronic request will be accepted only if they are sent through the Public Information Request page web portal. Electronic record request not submitted through the web portal will be returned to be re- submitted through the web portal.
Page 2 | Procedures for Obtaining Access to the inspection and/or copies of records
Angelina County Justice Courts currently do not provide e-filing services for justice civil cases.
Angelina County Justices of the Peace Courts do not currently provide e-filing services
Page 5 | 2.2 E-Filing
The request shall be submitted by postal mail, fax, in person, or electronically.
The request shall be submitted by postal mail, fax, in person, or electronically.
Page 1 | Procedures for Obtaining Access to the inspection and/or copies of records
Filing Timing and Cure Windows
If the record is available, inspection and delivery of copies must occur as soon as practicable and no more than 14 days after actual receipt of the request.
Inspection and delivery of copies will be made as soon as practicable and not more than 14 days after actual receipt of a request to inspect or copy of a judicial record, if the record is available.
Page 2 | Procedures for Obtaining Access to the inspection and/or copies of records
A civil jury-trial request must be filed no later than the 14th day before trial.
A party requesting a civil jury trial shall file a written request, with the Court in which the case is filed, not later than the 14th day before trial.
Page 5 | 2.4 Demand for Jury
In non-jury cases, all exceptions, motions, and pleas must be filed three days before the scheduled trial.
For non-jury cases all exceptions, motions and pleas must be filed three days before the scheduled trial before the court.
Page 8 | 2.9 Matters Preliminary to Trial on the Merits
An objection to a motion to retain must be stated in writing within 3 days after service of the motion.
Parties objecting to a motion to retain shall state in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Page 9 | 2.12.3 Procedures for Retaining Cases and Objecting to Motions to Retain
A motion to retain must be filed at least 10 business days before the dismissal date in the notice.
Motions to retain shall be filed with the Court at least 10 business days prior to the date specified in the notice of dismissal for want of prosecution.
Page 9 | 2.12.3 Procedures for Retaining Cases and Objecting to Motions to Retain
Requests for a language interpreter or disability-related assistance must be made when the plea is entered.
Requests for language interpreter or special assistance for persons with disabilities shall be made at the time a plea is entered.
Page 12 | 3.4 First Appearance
Pretrial motions must be filed with the Court 21 days before any pretrial hearing.
Pretrial motions must be filed with the Court 21 days prior to any pretrial hearing.
Page 13 | 3.9.3 Pretrial Motions
The response period begins only when the custodian of records actually receives the referral.
The time for response does not begin to run until the referral is actually received by the custodian of records.
Page 1 | Procedures for Obtaining Access to the inspection and/or copies of records
A date in these rules that falls on a court holiday or temporary closure moves to the first business date afterward.
When any date mentioned in these rules falls on a court holiday or a date when the court is temporarily closed, then the applicable date shall be the first business date following the holiday or temporary closure.
Page 10 | 2.15 Holidays and Other Temporary Closures
A date mentioned in these rules that falls on a court holiday or temporary closure moves to the first business date afterward.
When any date mentioned in these rules falls on a court holiday or a date when the court is temporarily closed, then the applicable date shall be the first business date following the holiday or temporary closure.
Page 14 | 3.11 Holidays and Other Temporary Closures
Service and Proof of Service Rules
Substitute or alternative service requires the Plaintiff to show due diligence, including two service attempts after 7:00 p.m. when the service location is residential.
IT IS ORDERED that SUBSTITUTE or ALTERNATIVE SERVICE of process pursuant to T.R.C.P. 501.2(e)(1) shall not be authorized by the court until Plaintiff shows due diligence of attempts of service of process and including two(2) attempts of service of process shall be after the hour of 7:00 p.m. if the location of service is of a residential nature.
Civil cases
Page 1 | SUBSTITUTE OR ALTERNATIVE SERVICE
Parties in Justice Court suits must provide enough copies of petitions and accompanying filed documents for all parties being served.
In accordance with Part V of the Texas Rules of Civil Procedure (TRCP), parties in Justice Court suits are responsible for providing an adequate number of copies of petitions and accompanying documents filed with the court for all parties being served.
Page 5 | 2.5 Provision and Costs of Copies
A copy of a transfer order must be delivered to each party or that party’s attorney of record.
An Order transferring the case shall identify the Court to which the case is being transferred and a copy of the Order shall be delivered to each party or their attorney of record.
Page 8 | 2.11 Assignment and Transfer of Cases
a copy of the Order shall be delivered to each party or their attorney of record.
a copy of the Order shall be delivered to each party or their attorney of record.
Page 11 | 3.3 Order of Transfer
If no substitute attorney is being named, the motion must be delivered to the party.
If no other attorney is to be substituted, the motion must be delivered to the party
Page 12 | 3.6 Withdrawal or Substitution of Counsel
The court clerk mails the hearing notice to the filing party and all other respondents listed in the petition.
The case is docketed by the court clerk and notice of hearing is mailed to the filing party and all other respondents listed in the petition (i.e., towing company, vehicle storage facility, person/entity/law enforcement agency who authorized the towing, etc.).
Page 15 | 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)
Self-represented litigants must provide other parties notice of filings as outlined in Texas Rule of Civil Procedure 501.4.
This includes, but is not limited to, providing notice of filings to other parties in your case as outlined in Rule 501.4 of the Texas Rules of Civil Procedure.
Page 18 | 6.3 Self-Represented/Pro Se Litigants
A self-represented litigant’s failure to accept or collect a mailed or delivered document constitutes constructive receipt and may be shown by a postal receipt or comparable proof of delivery.
Failure to accept delivery or to pick up mail addressed to the address provided by a self-represented litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delivery.
Page 19 | 6.3 Self-Represented/Pro Se Litigants
Requested records may be sent by email, fax, in person, or postal service; postal delivery requires the requester to prepay postage.
Delivery of requested records maybe forwarded via email, fax, in person, or postal service to a requester who has prepaid the postage.
Page 2 | Procedures for Obtaining Access to the inspection and/or copies of records
Juror Summonses are generally sent by regular U.S. mail.
In most instances, Juror Summonses are sent to individuals by regular mail via the U.S. Postal Service.
Page 4 | 1.6 Jury Selection
When jury requests arise under short time restrictions, the court may arrange hand delivery of summonses to randomly selected people confirmed to reside in Angelina County.
In some instances, when jury requests are made and the court is under short time restrictions, it may provide the Angelina County Constable’s office in the precinct in which the trial is to be held with Juror Summonses for hand delivery to individuals chosen at random from public places in the county, who are confirmed to reside in Angelina County.
Page 4 | 1.6 Jury Selection
Filing Fees and Waivers
The jury fee must be paid when the request is filed and is nonrefundable.
The jury fee shall be paid upon filing the request. Once the demand is made and the fee paid, the request cannot be withdrawn without approval of all parties. Jury fees are not refundable.
Page 5 | 2.4 Demand for Jury
A tow-hearing request must be filed with the applicable filing fees to trigger a hearing.
A proper request filed under this section with the applicable filing fees will trigger a hearing.
Page 15 | 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)
The Court may charge a party that fails to comply with the TRCP the cost of providing necessary copies for service.
The Court may assess fees to the party who fails to comply with TRCP, in order to provide necessary copies of documents to parties being served.
Page 5 | 2.5 Provision and Costs of Copies
Pre-Motion Conference Requirements
In jury cases, motions in limine, exceptions, and pretrial motions and pleas must be presented and heard at the pretrial hearing or they are waived absent good cause; continuance motions based on new circumstances are excepted.
Except for motions for continuance based on new circumstances, all motions in limine, exceptions and all pre-trial motions and pleas in each jury case shall be presented and heard at a pre-trial hearing. All such exceptions, motions, and pleas not presented and heard at the scheduled pre-trial hearings will be deemed waived, except upon a showing of good cause.
Page 7 | 2.9 Matters Preliminary to Trial on the Merits
When practicable, a party seeking a continuance should try to confer with the opposing parties before filing the motion to obtain agreement to the delay.
When practicable, prior to filing a motion for postponement (continuance), the party seeking a postponement in a justice civil case should attempt to confer with the opposing party or parties in an effort to secure an agreement to the delay.
Page 7 | 2.7 Postponing Trial/Continuances
Adjournment & Extension Requirements
A postponement request must be submitted in writing at least three business days before trial or hearing unless its grounds arose later; the court may grant or deny the motion with or without a hearing.
Requests for postponements must be submitted in writing to the court at least three (3) business days preceding the date of the trial or hearing, unless it may be shown that the grounds for the request arose thereafter. Motions for postponement may be granted or denied with or without a hearing by the court.
Page 7 | 2.7 Postponing Trial/Continuances
Attorneys or defendants may request a reset no later than 24 hours before the current setting, except when the circumstances justifying the request arise later.
Attorneys or defendants may request reset of cases no later than 24 hours before the current setting, unless the circumstances justifying the request for reset occur thereafter.
Page 13 | 3.9
Pretrial hearings remain set for their scheduled day unless a written State or Defense motion for continuance is granted.
All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 14 | 3.9.3 Pretrial Motions
A request to reset a hearing must be submitted to the court in writing within 24 hours of the scheduled hearing, unless a situation prevents timely submission.
Requests for a reset of your hearing must be made in writing and submitted to the court within 24 hours of the scheduled hearing, unless a given situation arises that prevents the timeliness of the requests.
Page 15 | 4.1 Driver’s License Suspension and Revocation Hearings
Chambers Communication Rules
An attorney assigned to trial in two Angelina County Justice Courts on the same date must inform both courts in writing as soon as the conflict becomes apparent.
Attorneys assigned to trial in two Justice Courts in Angelina County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
Page 7 | 2.8 Conflicting Engagements of Attorneys
An attorney who is in trial or scheduled for trial in another court must inform the Justice Court in writing as soon as the conflict becomes apparent, identifying the case number and other court.
An attorney who is, or is scheduled, to be in trial in another court, will, in writing and as soon as the conflict becomes apparent, inform the Justice Court of the case number and the court in which the conflicting case is being tried.
Page 7 | 2.8 Conflicting Engagements of Attorneys
An attorney assigned to trial in two Burnet County Justice Courts on the same date must inform both courts of the conflict in writing as soon as it becomes apparent.
Attorneys assigned to trial in two Justice Courts in Burnet County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
Page 13 | 3.9.1 Conflicting Engagements of Attorneys
An attorney who is or is scheduled to be in trial in another court must inform the Justice Court in writing as soon as the conflict becomes apparent and identify the conflicting case number and court.
An attorney who is, or is scheduled, to be in trial in another court, will, in writing and as soon as the conflict becomes apparent, inform the Justice Court of the case number and the court in which the conflicting case is being tried.
Page 13 | 3.9.1 Conflicting Engagements of Attorneys
Attorneys should follow ethical rules concerning media discussions and improper ex parte communications with the Judge.
Attorneys should observe the letter and spirit of all canons of ethics, including those dealing with discussion of cases with representatives of the media and those concerning improper ex parte communications with the Judge.
Page 18 | 6.2 Attorneys
Attorneys should make advance arrangements with the Court for anticipated use or movement of furniture or equipment.
Attorneys should anticipate any need to use or move furniture, easels, or other equipment, and should make advance arrangements with the Court.
Page 18 | 6.2 Attorneys
You may contact the court about its docket or review the docket through the Judicial Records Search Link.
You may contact the court to inquire about the court’s docket or review the court's docket on the Judicial Records Search Link on our website at www.AngelinaCounty.net.
Page 4 | 1.5 Calendar
Parties interested in a Pre-Trial Conference should contact the Court.
Parties interested in Pre-Trial Conferences should contact the Court.
Page 10 | 2.14 Mediation
Parties are advised to contact the applicable Justice of the Peace Court to learn its specific reset rules.
Each Justice of the Peace Court may have its own rules about reset allowances for certain case types. Contact the applicable Justice of the Peace Court to learn about is specific rules.
Page 13 | 3.9