Aransas County Justice of the Peace Courts Document Filing Requirements

CRITICALCriminal cases

Applies to

Compliance dismissal request

An expired-driver’s-license dismissal request must include proof of a DPS temporary license showing that the license was renewed and the renewal date.

Proof of the temporary license issued by the Department of Public Safety indicating renewal of the license and the date renewed;

CRITICALCriminal cases

Applies to

Compliance dismissal request

A restriction-or-endorsement dismissal request must include proof that the underlying physical condition was surgically or otherwise medically corrected.

Proof that the restriction or endorsement was imposed because of a physical condition that was surgically or otherwise medically corrected; and

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Deferred disposition request

For deferred disposition involving a suspended, invalid, or absent driver's license, the defendant must provide a valid driver's license within 90 days.

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.

CRITICALCriminal cases

Applies to

Written notice

The clerk’s notice must state the appearance date and location, with the appearance date no more than 21 days after non-compliance, and include both specified paragraphs.

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: 1. the date and time (not to exceed 21 days from the date of non-compliance) when the defendant must appear before the court; 2. the name of the court and location where the defendant must appear; 3. the following paragraph: If you are unable to pay your fine and/or costs in full (one payment), you may qualify for other options, including a payment plan or performing community service, to help you satisfy the judgment. If you have questions, please contact the court. 4. the following paragraph: If you fail to appear as required by this notice, the court will issue a warrant for your arrest and will notify various state and local agencies, including the Department of Public Safety, of your failure to pay this fine which may affect your right to renew your Texas driver’s license and vehicle registration. Additional costs and fees may be added to the fine that is assessed against you in this case.

CRITICALCriminal cases

Applies to

Deferred disposition request

For clerk processing of a moving-violation Deferred Disposition request, the defendant must present proof of a valid driver’s license.

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

CRITICALCriminal cases

Applies to

Time served motions and orders

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.

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.

CRITICAL

Applies to

Written plea

For an unadjudicated case, the Clerk must receive a written guilty or no-contest plea signed by the defendant or counsel before accepting payment of a fine, cost, or fee.

If the case has not already been adjudicated (that is no judgment has been entered by the court) , the Clerk must receive a plea of guilty/no contest in writing signed by Defendant or Defendant's Counsel before accepting payment of a fine , cost or fee .

CRITICALCriminal cases

Applies to

Financial information questionnaire

A defendant must complete a Financial Information Questionnaire, and the clerk must verify the defendant’s contact information.

The defendant shall complete a Financial Information Questionnaire and the clerk shall verify the contact information.

CRITICAL

Applies to

Vehicle registration

The defendant must present valid registration from the time the citation was issued.

• Must present a valid registration when citation was issued .

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

Plea form

The defendant must complete a plea form for a court-date extension.

Defendant must complete a Plea form .

CRITICAL

Applies to

Withdrawal motion

If no replacement attorney is named, the motion must 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.

CRITICAL

Documents for an indigency hearing must include the specified financial records and information.

The documents shall include the following : • Past 2 years of Federal Income Tax Returns • 3 most recent bank statements • 3 most recent paycheck stubs • Proof of government assistance • Verification of disability or worker's compensation benefits, if applicable • Unemployment insurance disposition and benefit amount, if applicable • Address & telephone number of references who can verify financial information

CRITICALCriminal cases

Applies to

Bond

Appearance bonds generally require the principal’s signature, subject to the stated exception for attorney bonds, which must include the attorney’s signature, bar card number, address, and telephone number.

Appearance Bonds, whether personal, cash or surety, must be signed by the principal. Attorney bonds may be accepted without the signature of the principal if the attorney has filed a Notice of Appearance or acknowledges by other means his status as attorney of record for the defendant. All attorney bonds shall include the attorney’s signature and state bar card number, address and telephone number.

CRITICALCriminal cases

Applies to

Written notice

The written notice must state the required appearance date and court location, and include the two specified paragraphs.

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: 1. the new date and time (not to exceed 30 days from the date of non-appearance) when the defendant must appear before the court; 2. the name of the court and location where the defendant must appear; 3. the following paragraph: “If you are unable to pay immediately your fine and/or costs in full (one payment), you may qualify for other options, including a payment plan or performing community service, to help you satisfy the judgment. If you have questions, please contact the court.” 4. the following paragraph: “If you fail to appear as required by this notice, the court will issue a warrant for your arrest and will notify various state and local agencies, including the Department of Public Safety, of your failure to pay this fine which may affect your right to renew your Texas driver’s license and vehicle registration. Additional costs and fees may be added to the fine that is assessed against you in this case.”

CRITICALCriminal cases

Applies to

Motion for continuance

Must include

proposed order

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

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

CRITICAL

Applies to

Plea form

A Defendant or attorney making an initial appearance while the Defendant is in warrant status must have a plea form on file.

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.

CRITICAL

Applies to

Disclosure acknowledgment

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

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

CRITICALCriminal cases

Applies to

Copy of defendant driver license

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

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

CRITICALCriminal cases

Applies to

Written plea and waiver of rights

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.

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.

CRITICALCriminal cases

Applies to

Deferred disposition request

For clerk processing of a request involving failure to provide proof of financial responsibility, the defendant must present proof that is valid on the request date.

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

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.

CRITICAL

Applies to

Objection to motion to retain

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

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

Written address notice

A child and parent required to appear must provide the court a written notice of the child's current address and residence, and the obligation continues after the child turns 17.

A child and parent required to appear before the court have an obligation to provide the court in writing with the current address and residence of the child. The obligation does not end when the child reaches age 17.

CRITICAL

Applies to

License plate violation dismissal proof

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

• 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.

CRITICAL

Applies to

Corrected drivers license

Proof of correcting a driver's-license name or address must be a temporary or valid Texas license showing the name and address, with compliance within 20 working days after the offense.

• 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.

CRITICAL

Applies to

Disclosure record

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

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.

CRITICAL

Applies to

Motion to retain

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

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

Cash bond

Cash bonds must comply with Article 17.08 and use a Court-approved form.

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.

CRITICAL

Applies to

Substitution motion

A motion substituting another attorney must provide the substituting 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.

CRITICAL

Applies to

Exemption request

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

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

CRITICALCriminal cases

Applies to

Motion to withdraw

The notice must advise the Defendant to submit any objection in writing before the presentation time, and a copy of the notice must be attached to the motion.

Notice shall also advise that any objection to such withdrawal should be made to the Court in writing before such time. A copy of the notice to the Defendant shall be attached to the motion to withdraw.

CRITICALCriminal cases

Applies to

Financial information questionnaire

A defendant unable to post a cash bond must complete a Financial Information Questionnaire and have contact information verified before the Clerk accepts a personal bond.

If the defendant is unable to post a cash bond, the Clerk shall accept a personal bond from the defendant after the defendant has completed a Financial Information Questionnaire and the contact information has been verified.

CRITICAL

Applies to

Conflict notice

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.

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.

CRITICAL

Applies to

Motion to withdraw

When withdrawal is requested or agreed to by the defendant, the motion must include the defendant's written consent or a certificate from another lawyer; the source text ends before stating what the certificate must confirm.

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

CRITICAL

Applies to

Surety bond

Surety bonds must comply with Article 17.08 and use a Court-promulgated form.

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.

CRITICAL

Applies to

Withdrawal motion

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.

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.

CRITICALCriminal cases

Applies to

Motion for time served

A Motion for Time Served must include sufficient proof of incarceration as an attachment.

The motion shall have sufficient proof of incarceration attached thereto

CRITICALCriminal cases

Applies to

Proof of financial responsibility

The defendant must provide proof of financial responsibility that is valid when signing up for the course and conforms to Standing Order No. 6.

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;

CRITICALCriminal cases

Applies to

Texas drivers license or permit

The defendant must present a valid Texas driver’s license or permit.

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

CRITICALCriminal cases

Applies to

Driving safety course completion certificate

For dismissal, the defendant must present a certificate indicating timely course completion.

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.

CRITICAL

Applies to

Motion to substitute counsel

A motion to substitute counsel must include the withdrawal-motion information, the Defendant's approval, and the incoming attorney's signature and contact and bar information, or a representation letter or certificate from that attorney.

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.

CRITICAL

Applies to

Motion to withdraw

An attorney of record may not withdraw without filing a written motion and obtaining a Court order granting leave.

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.

CRITICAL

Applies to

Driving safety course certificate

To establish compliance, submit a certificate of timely course completion signed by the Defendant, marked as the “court copy,” and free of alterations, modifications, or erasures.

A certificate indicating timely completion of the driving safety course , which must be signed by the Defendant, indicate that it is the "court copy" and have no alterations, modifications and/or erasures;

CRITICALCriminal cases

Applies to

Compliance dismissal request

For a registration dismissal request, proof must include either of the specified stamped registration documents and proof of payment of the Section 502.045 penalty fine.

Proof of the following documents: a. The standard form generated by a County Tax Assessor’s office stamped by the County Tax Assessor’s office indicating the date and amount of payment; OR the renewed registration receipt form generated by the County Tax Assessor’s office stamped by the County Tax Assessor indicating the date and amount of payment; and b. The proof that the defendant has paid the fee prescribed by Section 502.045 (Penalty fine) to the County Tax Assessor;

CRITICALCriminal cases

Applies to

Deferred disposition request

For clerk processing of a Driving While License Invalid request, the defendant must present a qualifying license, current order, or recent eligibility statement showing the license is eligible.

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”.

CRITICALCriminal cases

Applies to

Deferred disposition request

The defendant must present proof of financial responsibility to the Court at the end of the deferral period.

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

CRITICAL

Applies to

Petitions and accompanying documents

Parties in Justice Court suits must provide enough copies of filed petitions and accompanying 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.

CRITICAL

Applies to

Transfer order

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

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