Angelina County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Substitution motion

If another attorney will substitute, the motion must provide that attorney’s contact information.

If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney.

CRITICALCriminal cases

Applies to

Citation

When charging a Class C public-intoxication or tobacco offense, officers must submit a probable-cause affidavit with the citation.

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.

CRITICAL

Applies to

Transfer order

A transfer order must identify the court receiving the case.

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.

CRITICAL

Applies to

Objection to motion to retain

An objection to a motion to retain must state in writing the basis for the objection.

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.

CRITICAL

Applies to

Motion to retain

A motion to retain must state in writing the factual and legal basis for keeping the case from dismissal.

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.

CRITICAL

Applies to

Records request

A request must not be addressed to another or multiple custodians; a noncompliant request will be returned for correction and resubmission.

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.

CRITICAL

Applies to

Civil jury trial request

A party seeking a civil jury trial must file a written request with the court where the case is filed by 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.

CRITICALCriminal cases

Applies to

Citation

Officers must submit a probable cause affidavit with the citation when charging a defendant with a Class C assault offense, including assault family violence.

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.

CRITICALCriminal cases

Applies to

Citation

When charging a defendant with Class C possession of drug paraphernalia, officers must submit a probable cause affidavit with the citation.

Officers SHALL submit a probable cause affidavit with the citation when charging a Defendant with Class C offense for Possession of Drug Paraphernalia.

CRITICAL

Applies to

Records request

A records request must use the court-provided form, which is available on the court’s website or from its office.

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.

CRITICAL

Applies to

Jury waiver

If the defendant waives a jury at docket call, a written waiver signed by counsel and/or the defendant must be presented.

If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.

CRITICAL

Applies to

Transfer order

A transfer order must identify the court receiving the case.

An Order transferring the case shall identify the Court to which the case is being transferred

CRITICALCriminal cases

Applies to

Probable cause affidavit and warrant

Officers must enter their name, Penal Code Section, and Offense Classification on every probable cause affidavit and warrant before submitting it to the Clerk(s).

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.

CRITICAL

Applies to

Withdrawal motion

When no substitute attorney is named, the motion must provide the party’s contact information.

contact information for the party must be provided in the motion.

CRITICAL

Applies to

Records request

A records request must be written, submitted to the Judge as custodian under the court’s reasonable procedures, and identify the requested record sufficiently.

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.

CRITICAL

Applies to

Withdrawal motion

An attorney of record may withdraw only by written motion showing good cause.

An attorney of record may withdraw from representation of a party only upon written motion for good cause shown.

WARNING

Applies to

Draft order

Must include

caption, case number

Each draft order must have a heading showing the cause number, case style, and court in which it is pending.

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.

WARNING

Applies to

Motion or objection

A party seeking to provide oral argument must request a hearing in the motion or objection; the Court may rule with or without a hearing.

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.

WARNING

Applies to

Misdemeanor case

In a misdemeanor case, an attorney becomes attorney of record by listing their name on pleadings or setting or resetting the case, and remains counsel of record until relieved by written court order.

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.

WARNING

Applies to

Original document filing

A party who wants file-stamped copies returned by mail must submit an extra copy and a self-addressed, postage-paid envelope with the original filing.

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.

INFO

Applies to

Draft judgment or order

So far as practicable, attorneys for all parties should approve a draft judgment or order as to form before it is presented to the judge.

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.