Court Rules

Aransas County Justice of the Peace Courts

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

3Business Daysnotice
  • Continuance requests must be submitted in writing at least three business days before trial or hearing, unless the grounds arose later.
  • The court may grant or deny a continuance motion with or without holding a hearing.
  • Any deviation from the continuance procedure requires Court approval.
  • If the motion is timely filed and the opposing party is properly notified, a party may obtain one continuance without the opposing party’s agreement or a bond.
  • +19 more

Request must include

Reason for Request
24Hoursnotice
  • Attorneys or defendants may request a case reset no later than 24 hours before the current setting, unless the circumstances justifying the request arise later.
  • Attorneys or defendants may request a case reset at least 24 hours before the current setting, except when the circumstances justifying the request arise later.
  • Reset requests must be submitted to the court in writing within 24 hours of the scheduled hearing, except when a situation prevents timely submission.
3Calendar Daysnotice
  • A continuance motion must be filed with the Court at least three calendar days before the court setting.
  • A continuance motion must be in writing three days before the hearing, except that defense or state counsel appearing before the Court on the court date may make a verbal motion.
  • Continuance motions must be filed as soon as practicable or at least three days before the court date once the conflict is identified; motions received on the court date or the day before will not be granted absent good cause.
Filters:

Document Format Requirements4 rules

Formatting

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.

Tx Aransas Justice Court:de962309841c04e444534e22 · Jan 2023 · p. 10
|Section2.12 Drafts of Judgments and Orders by Parties in a Suit
FormattingCriminal cases

a motion for continuance must be in writing

Applies to
  • Motion for continuance

Formatting

  • The motion must be in writing
Formatting

• Must be typewritten, company generated "Owner's Policy" of insurance coverage covering the day of the citation was issued as long as the proof contains the name of the defendant or the make, model of the vehicle , the Defendant was driving .

Formatting

The content and form of the deferred disposition application and order must be approved by the Court.

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|SectionPROCESSING A REQUEST FOR DEFERRED DISPOSITION MADE BY ATTORNEY

Document Filing Requirements121 rules

Filing Requirements

If the Defendant requests to review a video that the State intends to offer into evidence at trial, the Defendant shall make a written request not less than 30 days prior to trial.

Filing Requirements

IT IS ORDERED that before accepting a plea of guilty or nolo contendere, or before trial, each party shall acknowledge in writing or on the record in open court the disclosure, receipt, and list

Filing Requirements

IT IS ORDERED that the State shall electronically record or otherwise document any document, item, or other information provided to the Defendant under this article.

Filing Requirements

Parties in Justice Court suits must provide enough copies of filed petitions and accompanying documents for all parties being served.

Court's wording

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.

Filing Requirements

Attorneys assigned to trial in two Justice Courts in Aransas County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.

Tx Aransas Justice Court:de962309841c04e444534e22 · Jan 2023 · p. 7
|Section2.7 Conflicting Engagements of Attorneys
Filing Requirements

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.

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|Section2.7 Conflicting Engagements of Attorneys
Filing Requirements

If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion.

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|Section2.8 Withdrawal or Substitution of Counsel
Filing Requirements

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

Tx Aransas Justice Court:de962309841c04e444534e22 · Jan 2023 · p. 8
|Section2.8 Withdrawal or Substitution of Counsel
Filing Requirements

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

Tx Aransas Justice Court:de962309841c04e444534e22 · Jan 2023 · p. 8
|Section2.8 Withdrawal or Substitution of Counsel
Filing Requirements

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

Filing Requirements

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.

Tx Aransas Justice Court:de962309841c04e444534e22 · Jan 2023 · p. 9
|Section2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain
Filing Requirements

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.

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|Section2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain
Filing Requirements

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

Tx Aransas Justice Court:de962309841c04e444534e22 · Jan 2023 · p. 10
|Section2.12 Drafts of Judgments and Orders by Parties in a Suit
Filing Requirements

In a misdemeanor case, counsel remains attorney of record until relieved by court order; withdrawal requires a written motion showing good cause, with the applicable contact information provided and, if no substitute counsel is named, delivery of the motion to the party.

Court's wording

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. An attorney of record may withdraw from representation of a party only upon written motion for good cause shown. If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney. If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion.

Tx Aransas Justice Court:de962309841c04e444534e22 · Jan 2023 · p. 13
|Section3.6 Withdrawal or Substitution of Counsel
Filing Requirements

The written notice of a conflicting trial must identify the case number and the court where the conflicting case is being tried.

Court's wording

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.

Tx Aransas Justice Court:de962309841c04e444534e22 · Jan 2023 · p. 14
|Section3.9.1 Conflicting Engagements of Attorneys
Filing Requirements

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

Filing RequirementsCriminal cases

1) the defendant presents proof of valid Driver’s License;

Filing RequirementsCriminal cases

1) presents proof of Financial Responsibility, pursuant to 601, T.C., that is valid on the day of the request;

Tx Aransas Justice Court:e73d6ae48e97ee368448ab06 · Jan 2023 · p. 2
|SectionFAIL TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY
Filing RequirementsCriminal cases

1) presents a valid driver license, including a valid occupational driver license or current order, or a driver license eligibility statement, dated within 7 days of the date of request, indicating the Defendant’s license is “Eligible”.

Filing RequirementsCriminal cases

3) presents proof of financial responsibility to the Court at the end of the period.

Tx Aransas Justice Court:e73d6ae48e97ee368448ab06 · Jan 2023 · p. 2
|SectionFAIL TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY
Filing RequirementsCriminal cases

The judge must retain all time-served motions and orders considered or signed and transmit them without delay to the Aransas County Justice of the Peace for the case records.

Court's wording

IT IS FURTHER ORDERED that any and all motions and orders for “time-served” considered by and/or signed by a judge shall be retained by the judge and transmitted without delay by him, or under his direction, to the Aransas County Justice of the Peace to be retained in the records of the case.

Filing RequirementsCriminal cases

The motion shall have sufficient proof of incarceration attached thereto

Filing RequirementsCriminal cases

A request for jail-time credit may be considered only after the defendant or the defendant’s attorney submits a written Motion for Time Served.

Court's wording

IT IS ORDERED that a Justice of the Peace may consider a request for jail-time credit from a defendant, whether or not currently in the custody of the Aransas County Detention Center, only after the receipt of a written Motion for Time Served from the Defendant or his attorney.

Filing RequirementsCriminal cases

3. provides proof of financial responsibility, pursuant to the Texas Transportation Code, valid and in force as of the date the defendant “signs up” for DSC with the Court. Proof must conform to Standing Order No. 6;

Filing RequirementsCriminal cases

4. presents a valid Texas Driver’s License or permit;

Filing RequirementsCriminal cases

1. The defendant presents a certificate indicating timely completion of the DSC and a driving record certified by the Texas Department of Public Safety (DPS) issued after the offense date.

Filing RequirementsCriminal cases

3. The course certificate indicates “court copy”, is signed by the defendant and contains with no alterations, modifications and/or erasures.

Filing RequirementsCriminal cases

2. files with the court a signed an affidavit complying with all eligibility requirements for DSC as set forth in Sec. 45.0511(c)(3) of the Texas Code of Criminal Procedure;

Filing RequirementsCriminal cases

2. The driving record presented by the defendant indicates the defendant has not completed a driving safety course for the purpose of dismissing a moving violation citation within the twelve (12) months preceding the date of the citation.

Filing RequirementsCriminal cases

For payment before adjudication for DSC or Deferred Disposition, the defendant must sign a written plea and waiver of rights, which must be presented to the judge as soon as practicable for acceptance.

Court's wording

However, if the case has not been adjudicated (plea entered or guilt/innocence determined by the court), a Clerk may accept payment of a fine or a fee for DSC or Deferred Disposition only from the Defendant or Defendant’s Counsel and only after the Defendant has signed a written plea and waiver of rights. Said plea and waiver shall be presented to the judge as soon as practicable for acceptance by the Court.

Filing RequirementsCriminal cases

Any motion for continuance requested at the Court Clerk’s Window must include a corresponding order for the Court’s signature.

Filing RequirementsCriminal cases

The clerk shall retain a copy of the Defendant’s driver’s license in the court file.

Filing RequirementsCriminal cases

IT IS ORDERED that, pursuant to the State’s Standing Motion to Dismiss, a charge of Fail to Display Driver’s License pursuant to section 521.025 of the Texas Transportation Code shall be dismissed if the Defendant presents to a clerk a valid Texas Driver’s License that was issued to the Defendant before the time and date of the offense and appropriate for the type of vehicle being operated.

Filing RequirementsCriminal cases

The judge must retain time-served motions and orders considered or signed and transmit them without delay to the Justice of the Peace Court for the case records.

Court's wording

IT IS FURTHER ORDERED that any and all motions and orders for “time-served” considered by and/or signed by a judge shall be retained by the judge and transmitted without delay by him, or under his direction, to the Justice of the Peace Court to be retained in the records of the case.

Filing RequirementsCriminal cases

A jail-time-credit request must be made by a written Motion for Time Served from the defendant or attorney, with sufficient proof of incarceration attached.

Court's wording

IT IS ORDERED that Justice of the Peace judge may consider a request for jail-time credit from a defendant, whether or not currently in the custody of the Aransas County Sheriff, only after the receipt of a written Motion for Time Served from the Defendant or his attorney. The motion shall have sufficient proof of incarceration attached thereto and credit for time served shall be granted only when the defendant is in custody and detained pursuant to a valid warrant or capias issued by the Justice of the Peace Court.

Filing Requirements

• The temporary license or valid TX license indicating the name & address. • The date of compliance is not more than 20 working days after the offense.

Tx Aransas Justice Court:97971eebbd060ee8d2c13e96 · p. 5
|SectionFAIL TO CHANGE ADDRESS/NAME ON DRIVER'S LICENSE
Filing Requirements

Registration proof must be one of the specified County Tax Assessor forms and show the payment date and amount.

Court's wording

• Must be the standard form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date & amount of payment w/in 20 working days of citation or; • The new registration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating date & amount of payment.

Filing Requirements

• The temporary license was issued by the TX DPS indicating renewa l of the license & the date renewed w/in 20 working days of the citation.

Filing Requirements

• Must be the standard form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date & amount of payment before the Defendant's first court appearance or; • The new registration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor indicating the date and amount of payment.

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|SectionEXPIRED LICENSE PLATE- W/O 2 LICENSE PLATE
Filing Requirements

• Must present a valid registration when citation was issued .

Tx Aransas Justice Court:97971eebbd060ee8d2c13e96 · p. 6
|SectionFAIL TO DISPLAY VALID REGISTRATION
Filing Requirements

• A valid Texas driver's license that was valid at the time citation that is appropriate for the type of vehicle being operated .

Tx Aransas Justice Court:97971eebbd060ee8d2c13e96 · p. 6
|SectionFAIL TO DISPLAY DRIVER LICENSE
Filing Requirements

The clerk shall obtain a copy of the driver's license showing valid on the date of the citation . • Mexico license if valid qualifies.

Filing Requirements

Must present a receipt from Veterinarian that animal in question has received vaccination .

Filing Requirements

The rental car company must provide documentation showing the rental period and the renter's name and identifying information to support dismissal.

Court's wording

The State moves to dismiss any parking violation filed against a rental car company when it is shown to the satisfaction of the Court that at the time of the offense the vehicle had been rented , and the company has provided documentation showing the rental period and the name and identifying information for the renter.

Filing Requirements

Proof must be either the stamped County Tax Assessor standard form or the stamped new registration receipt form, indicating the payment date and amount.

Court's wording

• The standard form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date and amount of payment; or • The new registration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor indicating the date and amount of payment.

Tx Aransas Justice Court:97971eebbd060ee8d2c13e96 · p. 8
|SectionWRONG, FICTITIOUS, ALTERED OR OBSCURED LICENSE PLATE
Filing Requirements

Proof must be either the stamped County Tax Assessor standard form or the stamped new registration receipt form, indicating the payment date and amount.

Court's wording

• Must be the standard form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date & amount of payment or; • The new reg istration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor's office indicating date & amount of payment.

Tx Aransas Justice Court:97971eebbd060ee8d2c13e96 · p. 8
|SectionWRONG, FICTITIOUS, ALTERED, OR OBSCURED INSIGNIA
Filing Requirements

Vehicle is out of town or out of state, defendant shall take a picture of the vehicle and mail to the court.

Filing Requirements

Cash bonds must comply with the requirements of Texas Code of Criminal Procedure Article 17.08 and be on a form approved by the Court.

Filing Requirements

Surety bonds must comply with the requirements of Texas Code of Criminal Procedure Article 17.08 and be on a form promulgated by the Court.

Filing Requirements

No attorney bond will be accepted by the Court unless it complies with the requirements of Texas Code of Criminal Procedure Article 17.08 and be on a form promulgated by the Court.

Filing Requirements

All bonds must include a Court date for the Defendant to appear in JP Court.

Filing Requirements

Any cash funds deposited shall be receipted for by the officer receiving the funds and the receipt provided to the Court to file in the records of the case .

Filing Requirements

Personal bonds must comply with the requirements of Texas Code of Criminal Procedure Article 17.04 and be on a form approved by the Court.

Filing Requirements

All bonds must include a Court date for the Defendant to appear in the JP Court.

Filing Requirements

A surety surrendering a bond must comply with Article 17.19(a), and the surrender affidavit must contain the listed case, defendant, bond, cause, and notice information.

Court's wording

A surety wishing to surrender a bond shall comply with the requirements of Texas Code of Criminal Procedure Article 17.19(a). The affidavit of surrender must contain the following information: • The court and cause number of the case. • The name of the Defendant. • The offense with which the Defendant is charged. • The date of the bond. • The cause for the surrender. • That notice of the surety's intention to surrender the principal has been given to the Defendant's attorney as required.

Filing Requirements

All communications with the court such as, letters of representation , pleas , requests for disposition , and appeals, must be in writing , signed by the defendant or an attorney in good standing.

Filing Requirements

When withdrawal is made at the request of or on agreement of the Defendant, such motion shall be accompanied by the Defendant's written consent to such withdrawal or a certificate by another lawyer that he/she has

Filing Requirements

An attorney of record shall not be permitted to withdraw from any case without presenting a motion in writing and obtaining from the Court an order granting leave to withdraw.

Filing Requirements

A motion to withdraw without the Defendant's consent must include the Defendant's contact information and statements confirming delivery and written notice of the right to object.

Court's wording

The following must be also included in any motion to which the Defendant has not consented: • Defendant's last known address and telephone number. • A statement that a copy of the motion was delivered to the Defendant; and • A statement that the Defendant was notified in writing of his/her right to object to the motion.

Filing Requirements

A motion to substitute counsel must contain items of the preceding section and contain a statement that the Defendant approves the substitution. The motion must contain the signature of the attorney to be substituted along with her/her address, telephone , fax number and state bar number, or be accompanied by a letter or certificate of representation from that attorney.

Filing Requirements

A motion to withdraw must identify the Defendant and charges, state the reason for withdrawal, and list current deadlines and settings.

Court's wording

• Defendant's full name & date of birth. • Defendant's driver license or identification card number and state of issuance. • The case number and offense name of each charge from which the attorney wishes to withdraw. • The reason the attorney wishes to withdraw; and • A list of current deadlines and settings.

Filing Requirements

A Defendant, or his/her attorney, who makes an initial appearance in person , mail , email or fax while in warrant status must have a plea form on file.

Filing Requirements

An attorney must present letter of representation.

Filing Requirements

Provide a valid Driver's License within 90 days, if the deferred disposition is for the offense of Driving While License is Suspended/Invalid or No Driver's License.

Filing Requirements

Deferred applications presented by attorneys need not contain the Defendant's signature but must contain a current address for the Defendant.

Tx Aransas Justice Court:97971eebbd060ee8d2c13e96 · p. 24
|SectionPROCESSING A REQUEST FOR DEFERRED DISPOSITION MADE BY ATTORNEY
Filing Requirements

Presents a valid Texas driver license/active military/occupational/permit that is not a commercial license or permit 4 5.0511 (b) , TC.

Filing & Service rules

Electronic Filing Rules

Aransas County Justice of the Peace Courts do not currently provide electronic filing services.

Aransas County Justices of the Peace Courts currently do not provide e- filing services.

Page 6 | 2.2 E-Filing

An out-of-town defendant must mail a copy of the temporary license with the plea form and dismissal fee.

• If out of town, defendant shall mail a copy of the temporary license along with plea form and dismissal fee.

Page 5 | EXPIRED DRIVER LICENSE

An out-of-town defendant must mail a copy of the receipt with the plea form and dismissal fee.

• If out of town , defendant shall mail a copy of the receipt along with plea form and dismissal fee.

Page 5 | EXPIRED LICENSE PLATE- W/O 2 LICENSE PLATE

An out-of-town defendant must mail the receipt, plea form, and dismissal fee.

• If out of town, defendant shall mail a copy of the receipt along with Plea form , and dismissal fee .

Page 5

The Clerk may process a DSC request made online, by email, or by mail if the defendant presents the listed items no later than the 90th day after making the request.

The Clerk may process a request for DSC made online, email or by mail if the Defendant presents the items listed above no later than 90th day after the DSC request is made.

Page 28 | PROCESSING A REQUEST FOR DSC MADE ONLINE. EMAIL. FAX OR BY MAIL

Before a warrant issues, a defendant or attorney may use an in-person appearance, mail, email, or fax to obtain an appearance docket without a bond if there has been no prior bond forfeiture, although the Court may still require a bond.

A Defendant, or his/her attorney, who makes an initial appearance in person , mail , email or fax any time prior to a warrant being issued on the case may obtain an appearance docket without the requirement of posting an appearance bond if there has not been a prior bond forfeiture. The Court in its discretion may require a bond on the case even if the Defendant or attorney has appeared timely.

Page 17 | DOCKET SETTINGS

A plea of not guilty, guilty, or no contest may be submitted in writing in person or by mail.

A plea of not guilty, guilty or no contest may be made in writing in person or by mail.

Page 17 | FILING A PLEA WITH COURT

Before a warrant is issued, a defendant or attorney may obtain an appearance docket setting from the Clerk after appearing in person, by mail, email, or fax without first obtaining a Court order.

A Defendant, or his/her attorney, who makes an initial appear in person , mail, email or fax prior to warrant being issued on the case may obtain an appearance docket setting from the Court Clerk without presenting the request to the Court for an order.

Page 18 | Docket setting, order not required

A deferred-disposition request may be submitted online, by email, mail, fax, or at the window under the same requirements, but approval is not guaranteed; if denied, the Clerk mails notice and schedules a preliminary hearing.

The Clerk may process a request for deferred disposition made online , email , mail or fax under the same requirements as processing such a request at the window however not all request are approved by the Court. If the Defendant is denied the request by the Court. Clerk will mail a notice to Defendant and schedule a Preliminary hearing.

Page 23 | PROCESSING A REQUEST FOR DEFERRED DISPOSITION MADE ONLINE. EMAIL, MAIL OR FAX

An attorney for an adult defendant may request deferred disposition at the Cashier's window, by mail, email, fax, or through the Prosecutor's office.

An attorney for an adult Defendant may make a request for deferred disposition at the Cashier's window, mail, email , fax or through the Prosecutor's office.

Page 24 | PROCESSING A REQUEST FOR DEFERRED DISPOSITION MADE BY ATTORNEY

Proof of compliance with deferred-disposition terms may be submitted at the Cashier's window, by mail, email, or fax.

The Clerk may accept proof of compliance with the terms of deferred disposition at the Cashier's window, mail, email or fax.

Page 24 | COMPLIANCE — General Procedure

Bonds may be submitted for electronic acceptance.

Bonds may be accepted electronically.

Criminal cases

Page 1 | Warrants

Filing Timing and Cure Windows

A motion to retain must be filed at least 10 business days before the dismissal date stated 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 | 2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain

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.

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 | 2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain

If a date in the rules falls on a court holiday or temporary closure, the applicable date is 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 | 2.13 Holidays and other Temporary Closures

To qualify for clerk processing, the defendant must request the Driving Safety Course no later than the citation’s appearance date; mailed requests are subject to the Mail Box rule.

1. requests DSC no later than the “appearance date” stated on the citation. (If requested by mail, the “Mail Box” rule applies);

Criminal cases

Page 1 | Driving Safety Course

The defendant must provide evidence of successful course completion within the time allowed by law; failure to do so triggers a show-cause summons, and failure to appear leads to preparation of a final judgment.

If the defendant fails to provide evidence of successful completion of the DSC within the time period allowed by law, the Clerk shall summon the defendant to court to show cause why such evidence was not submitted timely. If the defendant fails to appear, a final judgment shall be prepared for the Court’s signature.

Criminal cases

Page 2 | Driving Safety Course

The driving-safety-program or deferred-disposition request must be in writing on or before the appearance date on the citation.

This request must be in writing on or before the appearance date on the citation.

Page 4 | DRIVER'S SAFETY PROGRAM

Financial-responsibility documents must be submitted for verification before dismissal unless the Court directs otherwise.

• All documents presented to the Court as Proof of Financial Responsibility shall be submitted for verification prior to dismissal , unless directed otherwise before the Court.

Page 6 | FAIL TO MAINTAIN INSURANCE

A motion to withdraw must be filed at least 7 days before the next docket setting or it will be denied as untimely.

A motion to withdraw must be filed at least 7 days prior to the next docket setting , or it will be denied as untimely.

Page 19 | Time deadline

A valid driver's license must be provided within 90 days for the specified deferred-disposition offenses.

Provide a valid Driver's License within 90 days, if the deferred disposition is for the offense of Driving While License is Suspended/Invalid or No Driver's License.

Page 22 | GENERAL PROVISIONS

A defendant must request a Driving Safety Course no later than the Appearance Date on the citation.

Request DSC no later than the 'Appearance Date" on the citation.

Page 28 | DRIVERS SAFETY COURSE

The Clerk may process a request for DSC made online, email or by mail if the Defendant presents the items listed above no later than 90th day after the DSC request is made.

The Clerk may process a request for DSC made online, email or by mail if the Defendant presents the items listed above no later than 90th day after the DSC request is made.

Page 28 | PROCESSING A REQUEST FOR DSC MADE ONLINE. EMAIL. FAX OR BY MAIL

An online or mailed request must be made or postmarked by the appearance date listed on the citation.

The online request or by mail post marked must be on or before appearance date on citation.

Page 29 | Drivers Safety Course

A child or parent must notify the court of the current address, in the manner directed by the court, on or before the seventh day after a residence change.

On or before the seventh day after the date the child or parent changes residence , the child or parent shall notify the court of the current address in the manner directed by the court.

Page 38 | JUVENILE NOW ADULT : FTA 45.060 CCP

Unless otherwise allowed, a motion to withdraw may not be presented within twenty days of trial or at a time that would delay trial.

Unless otherwise allowed, no motion to withdraw shall be presented within twenty (20) days of the trial date or at such time as to cause a delay of trial.

Criminal cases

Page 1 | Withdrawal of Counsel

Issues known from the prosecutor’s open-file policy must be raised before trial or will be considered untimely if first raised during trial.

Issues known from the Prosecutor’s open file policy not raised prior to trial shall be considered untimely if raised for the first time during trial.

Criminal cases

Page 2 | II. The Defense Attorney

The date of compliance may not be more than 20 working days after the date of offense or after the first court appearance, whichever is later.

The date of compliance may not be more than 20 working days after the date of offense or after the first court appearance, whichever is later.

Criminal cases

Page 1 | Display Expired License Plates (Registration)

The date of compliance may not be more than 20 working days after the date of offense or no after the first court appearance, whichever is later.

The date of compliance may not be more than 20 working days after the date of offense or no after the first court appearance, whichever is later.

Criminal cases

Page 2 | Expired Driver’s License

The restriction or endorsement must have been removed before the first court appearance.

The restriction or endorsement was removed before the first court appearance.

Criminal cases

Page 2 | Violation of Driver’s License Restriction

The address or name correction must be made within 20 working days after the offense date.

The correction must be made not more than 20 working days after the date of offense.

Criminal cases

Page 2 | Fail to Change Address/Name on Driver’s License

The defendant must present a temporary or valid driver's license without the restriction or endorsement within 20 working days.

Must present temporary or valid driver's license w/out restriction or endorsement within 20 working days.

Page 4 | DRIVERS LICENSE RESTRICTION

Service and Proof of Service Rules

A copy of a transfer order must be delivered to each party or that party's attorney of record.

a copy of the Order shall be delivered to each party or their attorney of record.

Page 8 | 2.10 Assignment and Transfer of Cases

If no replacement attorney is named, the motion must be delivered to the party and include the party's contact information.

If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion.

Page 8 | 2.8 Withdrawal or Substitution of Counsel

When no substitute attorney is named, the withdrawal motion must be delivered to the party.

If no other attorney is to be substituted, the motion must be delivered to the party

Page 13 | 3.6 Withdrawal or Substitution of Counsel

The clerk mails the hearing notice to the filing party and all other respondents listed in the petition.

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 21 | 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)

The opposing party must be properly notified of the continuance motion filing for the stated continuance procedure to apply.

the opposing party is properly notified of the filing

Criminal cases

Page 1 | CONTINUANCES

After an unconsented motion to withdraw is granted, the attorney must notify the Defendant by regular mail, state any settings, and advise the Defendant of the right to obtain other counsel.

After motion to withdraw is granted , the withdrawing attorney shall advise a Defendant who has not consented to the motion of the withdrawal by regular mail , stating any settings for trial or otherwise , and advising the defendant of the right to secure other counsel.

Page 19 | Notice to Defendant after motion granted

Notice of a motion to withdraw must be mailed to the Defendant at least 7 days before the docket setting.

Notice of the motion must also be mailed to the Defendant at least 7 days prior to the docket setting.

Page 19 | Time deadline

If the Defendant has not consented to withdrawal, the motion must be mailed to the Defendant by certified mail and regular first-class mail.

In the event the Defendant has not consented , a copy of the motion to withdraw shall be mailed to the Defendant at his/her last known address by certified mail

Page 19 | Motion to Withdraw

If the defendant fails to comply with the specified programs, the clerk must send notice requiring the defendant to appear at the stated time and place to show cause.

The court clerk shall send notice to the defendant If the defendant fails to comply with the terms and conditions of the Driver's Safety, Community Service, Deferral, or Payment Plan. and require that the defendant appear at the time and place stated in the notice to show cause why the evidence was not timely submitted to the court.

Page 21 | Show cause hearing

After leave to withdraw is granted, the attorney must notify the Defendant by regular mail, state any settings and the right to obtain other counsel, and send notice to State’s counsel and the Clerk.

After leave to withdraw is granted, the withdrawing attorney shall advise the Defendant of the withdrawal by regular mail, stating any settings for trial or otherwise, and advising the defendant of the right to secure other counsel. Notice shall also be sent to counsel for the State and to the Clerk of the Court.

Criminal cases

Page 1 | Withdrawal of Counsel

If the Defendant does not consent, the motion and notice must be mailed to the Defendant’s last known address by certified and regular first-class mail, with the presentation date at least ten days after mailing and notice of the deadline for written objections.

In the event the Defendant does not consent, a copy of the motion to withdraw shall be mailed by certified and regular first-class mail to the last known address of the Defendant with an accompanying notice advising the Defendant that the motion will be presented to the Court on or after a certain date and time not less than ten (10) days after mailing the letter. Notice shall also advise that any objection to such withdrawal should be made to the Court in writing before such time.

Criminal cases

Page 1 | Withdrawal of Counsel

The clerk must initiate written notice to the defendant by regular mail on the day after a failure to appear.

If a defendant fails to appear at the initial court setting, the clerk shall, on the day following the defendant’s non-appearance, initiate a written notice to the defendant, sent by regular mail, indicating or including:

Criminal cases

Page 1 | Procedures

When a defendant fails to satisfy the judgment, the clerk must send written notice to the defendant by regular mail.

If a defendant fails to satisfy the judgment according to its terms, the clerk shall send written notice to the defendant, by regular mail, indicating or including:

Criminal cases

Page 1 | Procedures

The clerk mails 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 20 | 4.2 Rights of Owners and Operators of Stored Vehicles (TCMR Hearings)

The Clerk will mail notice stating whether the Judge approved or denied the DSC request.

The Clerk will mail out notice regarding request of DSC whether it was denied or approved by the Judge.

Page 29 | Drivers Safety Course

Filing Fees and Waivers

A proper request accompanied by the applicable filing fees triggers a hearing.

A proper request filed under this section with the applicable filing fees will trigger a hearing.

Page 20 | 4.2 Rights of Owners and Operators of Stored Vehicles (TCMR Hearings)

To qualify for clerk processing of a Deferred Disposition request, the defendant must pay all court costs and the special expense fee in full when making the request.

1) the defendant pays in full at the time of the request all court costs and the special expense fee (which is equal to the window fine, and penalty fine, if applicable);

Criminal cases

Page 1 | Standard Conditions

If a defendant requests Deferred Disposition but fails to appear by the citation appearance date, the clerk must add $75—or the lesser maximum fine amount—to the Special Expense Fee and process the request.

IT IS FURTHER ORDERED if a defendant requests the Court to grant Deferred Disposition but fails to appear before the appearance date on the citation, the clerk shall add an additional Seventy-Five ($75.00) dollars, or up to the maximum amount of the fine, whichever is less, to the Special Expense Fee and process the request.

Criminal cases

Page 3 | Deferred Disposition

If the defendant requests a course but fails to appear before the citation’s appearance date, the clerk must add $75 to the course fee.

IT IS FURTHER ORDERED that if a defendant requests to take a DSC but fails to appear before the appearance date on the citation, the clerk shall add an additional $75 to the DSC fee and process the request pursuant to Sec. 45.0511(d).

Criminal cases

Page 1 | Driving Safety Course

The defendant must pay the Driving Safety Course fee immediately.

5. pays the DSC fee instanter.

Criminal cases

Page 1 | Driving Safety Course

Before adjudication, a clerk may accept payment for DSC or Deferred Disposition only from the defendant or counsel and only after the defendant signs a written plea and waiver of rights.

However, if the case has not been adjudicated (plea entered or guilt/innocence determined by the court), a Clerk may accept payment of a fine or a fee for DSC or Deferred Disposition only from the Defendant or Defendant’s Counsel and only after the Defendant has signed a written plea and waiver of rights.

Criminal cases

Page 1 | Payment of Fines at Window

Before accepting payment, the clerk must verify and record the payer’s identity and, where practicable, capture the payer’s image using appropriate technology.

Prior to accepting payment of the fine or fee, the Clerk shall verify and record the identity of the person making payment and, where practicable, capture the image of the person making the payment with appropriate technology.

Criminal cases

Page 1 | Payment of Fines at Window

No fee may be assessed or collected for dismissal of a Fail to Display a Driver’s License charge.

No fee for the dismissal of a charge of “Fail to Display a Driver’s License” shall be assessed or collected.

Criminal cases

Page 1 | Fail To Display Driver’s License

• If out of town , defendant shall mail a copy of the receipt along with plea form and dismissal fee.

• If out of town , defendant shall mail a copy of the receipt along with plea form and dismissal fee.

Page 5 | EXPIRED LICENSE PLATE- W/O 2 LICENSE PLATE

The out-of-town defendant must pay the dismissal fee with the mailed receipt and plea form.

• If out of town, defendant shall mail a copy of the receipt along with Plea form , and dismissal fee .

Page 5

The out-of-town defendant must pay the dismissal fee with the mailed temporary license and plea form.

• If out of town, defendant shall mail a copy of the temporary license along with plea form and dismissal fee.

Page 5 | EXPIRED DRIVER LICENSE

When a warrant has issued, the clerk must attempt immediate verification of qualifying proof; if the warrant was submitted to the Failure to Appear program, the clerk must collect $30 for that program.

• If the Defendant presents acceptable proof for a case which a warrant has been issued , a Clerk shall attempt to immediately to verify the proof, if the proof shown to have been in effect at the time & date of the citation. The court shall dismiss the violation, however, if warrant has been submitted to Failure to Appear program, the clerk shall collect the $ 30 for this program.

Page 6 | FAIL TO MAINTAIN INSURANCE

If the defendant pays in full at the time of request all court costs and the special expense fee totaling $ 334.00 or sets up a Limited Time Payment Plan (no more than 90 days)

If the defendant pays in full at the time of request all court costs and the special expense fee totaling $ 334.00 or sets up a Limited Time Payment Plan (no more than 90 days)

Page 22 | Moving Violations

If the defendant pays in full at the time of request all court costs and the special expense fee totaling $ 310.00 or sets up a Limited Time Payment Plan (no more than 90 days); and/or

If the defendant pays in full at the time of request all court costs and the special expense fee totaling $ 310.00 or sets up a Limited Time Payment Plan (no more than 90 days); and/or

Page 23 | Non-Moving Violations

A $144 fee must be paid within 10 days.

$ 144.00 to be paid within 10 days.

Page 28 | GENERAL PROVISIONS

A $20.00 fee must be paid for a display-expired-license-plates registration dismissal request.

Payment of a $20.00 fee;

Criminal cases

Page 1 | Display Expired License Plates (Registration)

The defendant must pay the Section 502.045 penalty fine to the County Tax Assessor and provide proof of payment.

The proof that the defendant has paid the fee prescribed by Section 502.045 (Penalty fine) to the County Tax Assessor;

Criminal cases

Page 1 | Display Expired License Plates (Registration)

A $10.00 fee must be paid for a driver’s-license-restriction dismissal request.

Payment of a $10.00 fee;

Criminal cases

Page 2 | Violation of Driver’s License Restriction

Copy fees are $1.00 for the first page of a titled document and $0.25 for each additional page.

Fees for copies are $1.00 for a titled document's first page and $0.25 for each additional page.

Page 6 | 2.4 Provision and Costs of Copies

The Court may charge a party who fails to comply with the Texas Rules of Civil Procedure for the cost of providing necessary copies to parties being served.

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 6 | 2.4 Provision and Costs of Copies

A time payment fee must not be assessed before the 31st day after entry of final judgment.

No time payment fee shall be assessed until the 31st day after a final judgment has been entered by the Court.

Criminal cases

Page 2 | Driving Safety Course

Dismissals or amendments under the standing motion are subject to any applicable compliance dismissal fees.

In order to expedite the disposition of these routine matters, the State makes a stand ing motion to dismiss or amend complaints filed in the JP Court as follows , subject to any applicable compliance dismissal fees .

Page 3 | II.

Trial costs added to a case remain part of the special expense fee even if deferred disposition is later granted.

Once trial costs have been added to a case , those costs will remain as part of the special expense fee even if the Defendant is later granted deferred disposition.

Page 24 | TRIAL COSTS TO REMAIN

If the Defendant fails to appear, a time-payment fee may not be assessed before the stated post-judgment waiting period.

• If the Defendant fails to appear, a final judgement shall be prepared for the Court's signature. A time payment fee shall not be assessed until the 1om day after a final judgement has been entered by the Court.

Page 29 | Defendant Fails to Provide Evidence of Successful Completion of the DSC Within the Time Allowed

Summons or trial fees added to a case remain payable even if the defendant is later granted DSC.

Once summons or trial fees have been added to a case, those fees will remain as cost to be paid even if the defendants are later granted DSC .

Page 29 | Drivers Safety Course

Payments may be made online at the stated website by credit or debit card, and the payer is responsible for associated service fees or additional charges.

Payments may be made online at www.officialpayments .com with a credit or debit card. Persons making payment shall be responsible for payment of all service fees or additional charges for use of debit or credit cards via the internet.

Page 32 | Internet Payments

Personal checks, cashier's checks, credit cards, and money orders are accepted for fines and fees; personal checks are not accepted for warrants, which may be paid by credit card, cashier's check, or money order.

Personal Checks, Cashier's Checks, Credit Cards and Money Orders will be accepted for payment of fines and fees; provided however, that personal checks shall not be accepted for payment of warrants. Credit Card , Cashier's Check or Money Order are acceptable payment methods for a warrant.

Page 32 | Payment methods

The Clerk may accept payment of a fine, cost, or fee at the Cashiers window in accordance with the cited statute.

The Clerk may accept payment of a fine, cost or fee at the Cashiers window in accordance with Texas Code of Criminal Procedure Article 27 .14.

Page 32 | PAYMENT OF FINES AT CASH ER'S WINDOW — General rule

Most major credit cards other than American Express and debit cards will be accepted, and the payer is responsible for associated service fees or additional charges.

Most major credit cards with the exception of American Express and debit cards will be accepted. Persons making payment shall be responsible for payment of all service fees or additional charges for use of debit or credit cards.

Page 32 | Credit/Debit Payments

A $15.00 time payment is added to each pending case after 30 days from the request.

A$ 15.00 time payment will be added to each pending case after 30 days from request.

Page 40 | PAYMENT PLANS — LIMITED TIME PAYMENTS

An additional $15.00 time-payment fee applies if payment is made more than 30 days after the request.

An additional$ 15.00 time-payment fee if paid after 30 days from request.

Page 40 | PAYMENT PLANS — 30-day Extension

An additional$ 15.00 one-time payment fee will be added to each case which remains unpaid on the 3pt day after judgment, pursuant to Texas Local Government Code Section 133.03.

An additional$ 15.00 one-time payment fee will be added to each case which remains unpaid on the 3pt day after judgment, pursuant to Texas Local Government Code Section 133.03.

Page 41 | Payment Plans

A clerk may accept payment of a fine or fee at the Clerk’s Window in accordance with Article 27.14.

IT IS ORDERED that a Clerk may accept payment of a fine or fee at the Clerk’s Window in accordance with Art. 27.14, C.C.P.

Criminal cases

Page 1 | Payment of Fines at Window

Sealing & Redaction Procedures

Before allowing someone to view another person’s document or witness statement, the possessing party must redact the listed personal information and other identifying numbers.

IT IS FURTHER ORDERED that before allowing a person to view a document or the witness statement of another, the Party possessing the information shall redact the address, telephone number, driver’s license number, Social Security number, date of birth, and any other identifying numbers contained in the document.

Page 2 | Disclosure of Discoverable Items to Third Parties

Pre-Motion Conference Requirements

When practicable, a party seeking a continuance should try to confer with the opposing parties and obtain their agreement before filing the motion.

When practicable, prior to filing a motion for postponement (continuance), the party seeking a postponement (continuance) 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 | 2.6 Postponing Trial/ Continuances

Adjournment & Extension Requirements

Continuance requests must be submitted in writing at least three business days before trial or hearing, unless the grounds arose later.

Requests for postponements (continuances) 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.

Page 7 | 2.6 Postponing Trial/ Continuances

Attorneys or defendants may request a case reset no later than 24 hours before the current setting, unless 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 14 | 3.9 Setting Cases

Attorneys or defendants may request a case reset at least 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 15 | 3.9 Setting Cases

Reset requests must be submitted to the court in writing within 24 hours of the scheduled hearing, except when 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 20 | 4.1 Driver's License Suspension and Revocation Hearings

If the motion is timely filed and the opposing party is properly notified, a party may obtain one continuance without the opposing party’s agreement or a bond.

If the motion for continuance is timely filed, and the opposing party is properly notified of the filing, a party may obtain one (1) continuance without agreement of the opposing party and without the requirement of posting a bond.

Criminal cases

Page 1 | CONTINUANCES

A continuance motion must be filed with the Court at least three calendar days before the court setting.

IT IS ORDERED that a motion for continuance must be in writing and filed with the Court three (3) calendar days prior to the Court setting in order to continue a case on the Court’s docket.

Criminal cases

Page 1 | CONTINUANCES

Continuance motions must be written in compliance with Chapter 29 TCCP.

Written motions are required in compliance with (Chapter 29 TCCP)

Page 17 | Continuances

Continuance motions must be filed as soon as practicable or at least three days before the court date once the conflict is identified; motions received on the court date or the day before will not be granted absent good cause.

Motions for continuance shall be filed as soon as practicable or at least 3 days before the court date, based upon when party requesting the continuance determines a conflict exists. Motions received the day of or day before the scheduled court date will not be granted unless good cause is shown.

Page 18 | Continuances

A continuance motion must be in writing three days before the hearing, except that defense or state counsel appearing before the Court on the court date may make a verbal motion.

3 days ahead of the hearing a continuance must be in writing , unless the attorney for the defense or the state is before the court on the date of court whereupon a verbal motion may be made.

Page 18 | Continuances

Any additional continuance requires Court approval.

Additional continuances must be approved by the Court.

Page 19 | Order required

A continuance to a new appearance docket may not exceed 45 days.

The length of continuance for a new appearance docket will not be more than 45 days.

Page 19 | Order required

A continuance motion must be presented to the Court if the case has been at warrant, is set on a trial docket, or has ever had a motion to withdraw filed.

A motion for continuance on a case that been at warrant or that is set on a trial docket must be present to the Court. • If a motion to withdrawn have ever been filed in the case, any motion of continuance must be presented to the Court.

Page 20 | Order required

A motion seeking a continuance to a docket more than 45 days away must be presented to the Court.

A motion for continuance to a docket more than 45 days away must present to the Court.

Page 20 | Order required

The course must be completed within 3 months, and no extensions are given.

Must complete within 3 months, no extensions given .

Page 28 | GENERAL PROVISIONS

A defendant seeking a payment extension must explain in writing why it is needed and how long it is requested for; for an extension of more than 30 days, the defendant must submit a letter to the Judge.

Defendant must request in writing why an extension is needed and how long is the extension requested for. If more than 30 days submit letter to the Judge.

Page 31 | PAYMENT EXTENSIONS

A defendant seeking a court-date extension must explain in writing why it is needed and how long it is needed; for an extension of more than 30 days, the defendant must submit a letter to the Judge.

Must submit in writing why extension is needed & how long is the extension is needed. If more than 30 days submit letter to the Judge.

Page 31 | COURT DATE

The Clerk may not grant any further extensions to pay the fines and must set the case on the Show Cause Docket for judicial review.

No further extensions to pay the fine(s) shall be granted by the Clerk; Clerk must set case on the Courts "Show Cause Docket" for presiding Judge to review.

Page 40 | PAYMENT PLANS — 30-day Extension

The Clerk may process a request for a 30-day payment plan from a Defendant who appears at the Cashier's window and asserts an inability to immediately pay his/her fines and costs in full , provided that: • A$ 15.00 time payment will be added to each pending case after 30 days from request. • The Defendant completes a 30-day payment plan which can system-generated form so long as the Defendant signs the form and is advised of & agrees to appear in the event of non-compliance at the time of the request. • No warrant for the arrest of the Defendant is pending at the time of the request. • The Clerk shall prepare the payments according to the following schedule: • Balance: $ 0 up to $ 500 will be $ 50 - $ 150 a month • Balance: $ 501 up to $ 1000 will be$ 150 - $ 199 a month • Balance: $ 1000 or more will be $ 200 a month

The Clerk may process a request for a 30-day payment plan from a Defendant who appears at the Cashier's window and asserts an inability to immediately pay his/her fines and costs in full , provided that: • A$ 15.00 time payment will be added to each pending case after 30 days from request. • The Defendant completes a 30-day payment plan which can system-generated form so long as the Defendant signs the form and is advised of & agrees to appear in the event of non-compliance at the time of the request. • No warrant for the arrest of the Defendant is pending at the time of the request. • The Clerk shall prepare the payments according to the following schedule: • Balance: $ 0 up to $ 500 will be $ 50 - $ 150 a month • Balance: $ 501 up to $ 1000 will be$ 150 - $ 199 a month • Balance: $ 1000 or more will be $ 200 a month

Page 40 | PAYMENT PLANS — LIMITED TIME PAYMENTS

The Clerk may process a 30-day fine-payment extension only if the listed eligibility and plan requirements are met, including full payment within 30 days and no additional extension.

The Clerk may process a request for a 30-day payment plan from a Defendant who appears at the Cashier's window and asserts an inability to immediately pay his/her fines and costs in full, provided that: • The Defendant represents that full payment can be made within 30 days. • The Defendant completes a 30-day payment plan which can be system-generated form so long as the Defendant signs the form and is advised of & agrees to appear in the event of non-compliance at the time of the request. • No warrant for the arrest of the Defendant is pending at the time of the request. • The Defendant has not previously defaulted on a payment plan ordered by the court. • The balance of the fine shall be paid in full within 30 days of the request. • The clerk shall not process an additional extension to pay the fine.

Page 40 | PAYMENT PLANS — 30-day Extension

A defendant who received notice may make a written request for an alternative appearance date or time, and the clerk must set an FTA docket date within 21 days of the request.

If a defendant, who receives notice pursuant to this order, makes a written request for an alternative date or time to appear before the court, the clerk shall set the defendant on a FTA docket for a date and time not to exceed 21 days from the date of the written request.

Criminal cases

Page 2 | Procedures

Continuances beyond the one permitted without opposing-party agreement require Court approval.

Additional continuances must be approved by the Court.

Criminal cases

Page 1 | CONTINUANCES

Any deviation from the continuance procedure requires Court approval.

Any deviations from this procedure must be approved by the Court.

Criminal cases

Page 1 | CONTINUANCES

The Court will grant one continuance per party without good cause; later requests require good cause, which may include listed scheduling conflicts or nonrefundable vacation plans, and attorneys may reserve up to four weeks annually for vacation or continuing legal education by timely letter to the Clerk.

The court, as a matter of policy, will grant one continuance per party without good cause shown. Subsequent requests for continuance will be on good cause shown , which may include but not be limited to: • Pre-existing court dates, with appropriate documentation regarding when notified of the conflicting court date. • Vacation dates with no refunds available. • An attorney may reserve up to four weeks in any calendar year for vacation or continuing legal education by sending in a letter for each defendant represented to the Clerk at least ten (10) days prior to such designated dates, reserving weeks in which no hearings, dockets or trials are set as of the date of the letter. Once a letter is on file no hearings, docket or trials involving the identified defendants will be set during the reserved weeks . • Conflicting subpoenas for witnesses. • Conflicting training schedules for witnesses .

Page 18 | Continuances

The Court may deny an untimely motion for continuance if good cause is not shown.

Motions untimely filed , without good cause shown , may be denied by the court.

Page 18 | Continuances

If a continuance motion is timely filed, the opposing party is properly notified, and the case has never been at warrant, a party may obtain one continuance without the opposing party's agreement or a court order.

If a motion for continuance is timely filed , and the opposing party is properly notified of the filing • A party may obtain one continuance without agreement of the opposing party and without presenting the motion to the Court for an order: • Proved that the case has never been at warrant.

Page 19 | Order required

If an attorney appears after the Defendant has set a trial, the case may be continued at the attorney's request, but must be reset for the next available trial date.

If an attorney appears on a case after the Defendant has set a trial the case may be continued if requested by the attorney, but the case will be reset on the next available trial date.

Page 20 | Attorney appearance after prose trial setting.

A defendant with a deferral does not need an extension because a show-cause hearing will be held.

If the defendant has a deferral then an extension is not needed due to the fact, they will have a show cause hearing.

Page 31 | COURT DATE

Requests for further extensions to pay the balance must be made to the Judge in writing.

Any request for further extensions to pay the balance must be made to the Judge in writing.

Page 41 | Payment Plans

The court may grant or deny a continuance motion with or without holding a hearing.

Motions for postponement (continuance) may be granted or denied with or without a hearing by the court.

Page 7 | 2.6 Postponing Trial/ Continuances

Chambers Communication Rules

An attorney assigned to trial in two Aransas 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 Aransas County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.

Page 14 | 3.9.1 Conflicting Engagements of Attorneys

An attorney who is or will be in trial in another court must notify 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 14 | 3.9.1 Conflicting Engagements of Attorneys

An attorney who is or is scheduled to be in trial in another court must promptly inform the Justice Court in writing when 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 15 | 3.9.1 Conflicting Engagements of Attorneys

Judges may not initiate, permit, or consider ex parte communications about the merits of a pending proceeding, except for the listed administrative, procedural, jurisdictional, forum, magistrate-duty, and legally authorized matters.

A justice of the peace or a municipal court judge, except as authorized by law, shall not directly or indirectly initiate, permit, nor consider ex-parte or other communications concerning the merits of a pending judicial proceeding . This subsection does not prohibit communications concerning: Uncontested administrative & procedural matters. Magistrate duties and functions . Determining where jurisdiction of an impending claim or dispute may lie. Determining whether a claim or dispute might more appropriately be resolved in some other judicial or non-judicial forum . Mitigating circumstances following a plea of nolo contendere or guilty for a fine- only offense, or any other matters where ex parte communications are contemplated or authorized by law.

Page 20 | Ex Parte Communications

A person requesting an exemption because they are out of town or out of the country must email a letter to the court and provide documentation.

Out of town or Out of the country, Must submit a letter via email to the court must provide documentation.

Page 44 | Summons for Jury Duty

Because reset allowances may vary by court and case type, contact the applicable Justice of the Peace Court to learn its specific 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 its specific rules.

Page 14 | 3.9 Setting Cases

Attorneys should observe ethics canons, including those concerning discussion of cases with the media 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 26 | 6.2 Attorneys

Attorneys should anticipate equipment or furniture needs and make advance arrangements with the Court.

Attorneys should anticipate any need to use or move furniture, easels, or other equipment, and should make advance arrangements with the Court.

Page 26 | 6.2 Attorneys

Attorneys should observe applicable ethical canons concerning discussion of cases with the media 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 27 | 6.2 Attorneys

Attorneys should anticipate equipment or furniture needs and make advance arrangements with the Court.

Attorneys should anticipate any need to use or move furniture, easels, or other equipment, and should make advance arrangements with the Court.

Page 27 | 6.2 Attorneys

An attorney may reserve up to four weeks per calendar year for vacation or continuing legal education by sending the Clerk a letter for each represented defendant at least ten days beforehand; the weeks must have no settings as of the letter date, and no settings involving those defendants will be made during the reserved weeks.

An attorney may reserve up to four weeks in any calendar year for vacation or continuing legal education by sending in a letter for each defendant represented to the Clerk at least ten (10) days prior to such designated dates, reserving weeks in which no hearings, dockets or trials are set as of the date of the letter. Once a letter is on file no hearings, docket or trials involving the identified defendants will be set during the reserved weeks .

Page 18 | Continuances

You may contact the court to inquire about its docket.

You may contact the court to inquire about the court's docket.

Page 5 | 1.5 Calendar

If proof does not comply with the requirements, a defendant may request that the Clerk set a hearing on the No Contest docket.

In the event the proof does not comply with the requirements , at the request of the Defendant, the Clerk may set the case on the "No Contest" docket for hearing before the Court.

Page 3 | II.

Record requests may be received by email.

RECEIVE EMAIL /FAX/PERSON

Page 45 | Record Request

Common questions about Aransas County Justice of the Peace Courts rules

Does Aransas County Justice of the Peace Courts require a pre-motion conference or letter before filing a motion?

When practicable, a party seeking a continuance should try to confer with the opposing parties and obtain their agreement before filing the motion.

View ruleSource: page 7, section 2.6 Postponing Trial/ Continuances

What must be included with disclosure record filings in Aransas County Justice of the Peace Courts?

The State must electronically record or otherwise document each item of information it provides to the Defendant under the article.

View ruleSource: page 2, section Record of Disclosure

What must be included with disclosure acknowledgment filings in Aransas County Justice of the Peace Courts?

IT IS ORDERED that before accepting a plea of guilty or nolo contendere, or before trial, each party shall acknowledge in writing or on the record in open court the disclosure, receipt, and list

View ruleSource: page 2, section Recorded Acknowledgement

How may parties contact Aransas County Justice of the Peace Courts?

An attorney who is or will be in trial in another court must notify the Justice Court in writing as soon as the conflict becomes apparent and identify the conflicting case number and court.

View ruleSource: page 14, section 3.9.1 Conflicting Engagements of Attorneys

How does Aransas County Justice of the Peace Courts handle sealed or redacted filings?

Before allowing someone to view another person’s document or witness statement, the possessing party must redact the listed personal information and other identifying numbers.

View ruleSource: page 2, section Disclosure of Discoverable Items to Third Parties

How do I request an adjournment or extension in Aransas County Justice of the Peace Courts?

Requests should be made at least 3 business days in advance when this rule applies in Aransas County Justice of the Peace Courts. Continuance requests must be submitted in writing at least three business days before trial or hearing, unless the grounds arose later.

View ruleSource: page 7, section 2.6 Postponing Trial/ Continuances

Is electronic filing required in Aransas County Justice of the Peace Courts?

Electronic filing is unavailable for the covered filings. Aransas County Justice of the Peace Courts do not currently provide electronic filing services.

View ruleSource: page 6, section 2.2 E-Filing

Are filing fees or waivers addressed in Aransas County Justice of the Peace Courts?

A fee is required for covered filings. A proper request accompanied by the applicable filing fees triggers a hearing.

View ruleSource: page 20, section 4.2 Rights of Owners and Operators of Stored Vehicles (TCMR Hearings)

What filing deadlines does Aransas County Justice of the Peace Courts set?

A motion to retain must be filed at least 10 business days before the dismissal date stated in the notice.

View ruleSource: page 9, section 2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain

What rule applies to service for withdrawal motion in Aransas County Justice of the Peace Courts?

If no replacement attorney is named, the motion must be delivered to the party and include the party's contact information.

View ruleSource: page 8, section 2.8 Withdrawal or Substitution of Counsel
Complete rules summary for Aransas County Justice of the Peace Courts

Before allowing someone to view another person’s document or witness statement, the possessing party must redact the listed personal information and other identifying numbers.

The State must electronically record or otherwise document each item of information it provides to the Defendant under the article.

IT IS ORDERED that before accepting a plea of guilty or nolo contendere, or before trial, each party shall acknowledge in writing or on the record in open court the disclosure, receipt, and list

A self-represented defendant requesting review of a video the State intends to offer at trial must make a written request at least 30 days before trial.

When practicable, a party seeking a continuance should try to confer with the opposing parties and obtain their agreement before filing the motion.

Continuance requests must be submitted in writing at least three business days before trial or hearing, unless the grounds arose later.

You may contact the court to inquire about its docket.

Aransas County Justice of the Peace Courts do not currently provide electronic filing services.

Parties in Justice Court suits must provide enough copies of filed petitions and accompanying documents for all parties being served.

The Court may charge a party who fails to comply with the Texas Rules of Civil Procedure for the cost of providing necessary copies to parties being served.

Copy fees are $1.00 for the first page of a titled document and $0.25 for each additional page.

A party requesting mailed return of file-stamped copies must file an extra copy and a self-addressed, postage-paid envelope with the original document.

The court may grant or deny a continuance motion with or without holding a hearing.

An attorney who is or will be in trial in another court must promptly notify the Justice Court in writing when the conflict becomes apparent and identify the case number and other court.

An attorney assigned to trials in two Aransas County Justice Courts on the same date must promptly notify both courts in writing when the conflict becomes apparent.

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

A motion substituting another attorney must provide the substituting attorney's contact information.

If no replacement attorney is named, the motion must be delivered to the party and include the party's contact information.

If no replacement attorney is named, the motion must include the party's contact information.

A party seeking transfer of a justice civil case must present a proper motion under Part V of the Texas Rules of Civil Procedure; the motion will be set for hearing if the court requires one.

A transfer order must identify the court to which the case is being transferred.

A copy of a transfer order must be delivered to each party or that party's attorney of record.

A motion to retain must be filed at least 10 business days before the dismissal date stated in the notice.

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

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.

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

The Court may decide a motion to retain with or without a hearing, and parties seeking oral argument must request a hearing in their motion or objection.

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

An order draft must be on a separate page from pleadings, motions, and certificates of service, and must have a heading showing the cause number, case style, and court.

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

More Judges in Aransas County Justice of the Peace Courts

Diana Maria McGinnis
Judge
Vada (Diane) Dupnik
Judge