Aransas County Justice of the Peace Courts Document Filing Requirements

WARNING

Applies to

Proof of compliance

To support dismissal of a disability-placard or plate complaint, the defendant must provide satisfactory proof of the specified valid placard or plate, timely compliance, and any required renewal.

The State moves to dismiss any complaint of Parking- No Disability Placard or Plate upon proof satisfactory to the Court that defendant possessed or possesses a valid disability placard or license plates or was transporting a person who possessed or possesses a valid disability placard or plates. Sec. 681.013 , TC • The date of compliance is not more than 20 working days after the date of offense. • The defendant remedies the defect by renewing the expired disabled parking placard. • The disabled placard has not been expired for more than 60 days. • If out of town, defendant shall email or mail copy of the placard.

WARNING

Applies to

Drivers license

The clerk must obtain a copy of the defendant's driver's license.

• The clerk shall obtain a copy of the Defendant's driver's license.

WARNING

Applies to

Draft judgment or order

Do not use the word “entered” in the line immediately above the judge’s signature to indicate the date a judgment or order is signed.

The word "entered" should not be used in the line provided immediately above the judge's signature to show the date on which a judgment or order is signed.

WARNING

Applies to

Transfer motion

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.

Notwithstanding other provisions of law regarding venue, a justice civil case, shall be heard by the court in which the case was filed, unless presented with a proper motion by a party in accordance with Part V of the Texas Rules of Civil Procedure, at which time the motion will be set for a hearing, if required by the court.

WARNING

Applies to

Motion or objection

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.

The Court may rule on the motion with or without a hearing; Parties wanting to provide oral argument shall request a hearing in their motion or objection

WARNING

Applies to

Document filing

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.

A party desiring to have file-stamped copies of any documents returned to them by mail, shall include with the original document to be filed an extra copy of the document and a self-addressed , postage-paid envelope for the court's return.

WARNING

Applies to

Deferred disposition request

For a deferred-disposition request involving failure to maintain financial responsibility, the defendant must provide valid proof of a policy covering the defendant as stated on the citation.

Provides valid proof of a policy of financial responsibility naming the Defendant as a covered driver or vehicle as stated on the citation , if the deferred disposition is for the offense of Fail to Maintain Financial Responsibility.

WARNING

Applies to

Proof of valid drivers license

To obtain the $100 fine reduction for driving while a license is invalid or suspended, the defendant may provide proof of a valid license, which the clerk must verify through dispatch and the emailed or faxed 27.

• Defendant has the option of providing proof of a valid DL in order to obtain a $100 reduction in the fine amount. • The clerk must verify that the DL is valid by calling dispatch and getting the 27 emailed/faxed to our office.

WARNING

Applies to

Proof of compliance

To support dismissal of a driver's-license-restriction complaint, the defendant must present a qualifying license within 20 working days and a timely TX DPS receipt.

The State moves to dismiss any complaint of violation of driver's license restriction upon proof satisfactory to the Court that the restriction has been corrected. 521.221 , TC (d) • Must present temporary or valid driver's license w/out restriction or endorsement within 20 working days. • A receipt issued by the TX DPS dated as of or before the defendant's first court appearance.

WARNING

Applies to

Financial responsibility proof

Premium notices, payment receipts, and handwritten documents are not acceptable proof of financial responsibility.

• Premium notices, payment receipts or handwritten documents are not "Acceptable Proof' of financial responsibility.

WARNING

Applies to

Plea for notice of hearing

The defendant may complete only the bottom portion of the Plea for Notice of Hearing.

Defendant may on ly complete bottom portion of Plea for Notice of Hearing.

WARNING

Applies to

Fleet policy

A clerk may accept a fleet policy for dismissal if the defendant provides proof meeting the stated criteria and evidence of authorization to drive the covered vehicle.

• Fleet Policies may be accepted by a Clerk for dismissal if the defendant presents valid proof consistent with the criteria above and indicia of authorization to drive the covered vehicle.

WARNING

Applies to

Proof of valid drivers license

For a no-drivers-license offense, the defendant may provide proof of a valid license obtained after the offense to obtain a $100 fine reduction.

• Defendant has the option of providing proof of a valid DL in order to obtain a $100 reduction in the fine amount if they obtained the DL after the time of the offense.

WARNING

Applies to

Proof of liability insurance

To obtain the $100 fine reduction for no liability insurance, the defendant may obtain and provide proof of insurance, which the clerk must verify is in force.

• Defendant has the option of obtaining liability insurance and providing proof in order to get a $100 reduction in the fine amount after the time of the offense . • The clerk must verify that the liability insurance is in force

WARNING

Applies to

Request

A driving-safety-program or deferred-disposition dismissal request must be written and supported by a court copy of the completion certificate and a certified driving record.

The State moves to dismiss any complaint upon proof satisfactory to the Court that the defendant has paid the applicable costs and fees and successfully completed a driving safety program or deferred disposition . This request must be in writing on or before the appearance date on the citation. • Court copy of certificate of completion. • Certified Driving Record.

WARNING

Applies to

Proof of compliance

To support dismissal of a defective-equipment complaint, the defendant must provide satisfactory proof of correction and the specified compliance and inspection evidence.

The State moves to dismiss any complaint of defective equipment upon proof satisfactory to the Court that the defendant corrected the equipment. Sec. 547.004 , TC (c) • The date of compliance is before the Defendant's first court appearance and the offense did not involve a commercial motor vehicle . • Vehicle inspected & picture taken by Clerk showing corrected upon defendant bringing vehicle to 2840 HWY. 35 N., Rockport,TX • If out of town, defendant shall email or mail a picture or receipt of purchase.:.

WARNING

Applies to

Deferred disposition request

A defendant requesting deferred disposition must sign an application and provide a current mailing address.

Signs an application for deferred disposition and provides a current mailing address.

WARNING

Applies to

Judgment

After payment in full, the judgment will be submitted to the Judge.

• Judgment will be submitted to the Judge

WARNING

Applies to

Draft judgment or order

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

So far as practicable, every draft of a judgment or order to be signed by a judge should be approved as to form by attorneys for all parties before it is presented to the judge.

WARNINGCriminal cases

Applies to

Proof of financial responsibility

Premium notices, payment receipts, and handwritten documents do not qualify as acceptable proof of financial responsibility.

Premium notices, payment receipts and/or handwritten documents are not “acceptable proof” of financial responsibility.

INFOCriminal cases

Applies to

Uniform driving safety course completion certificate

The clerk must accept a uniform course completion certificate when it shows the course was completed after the citation but before the court granted the course.

IT IS FURTHER ORDERED that if a defendant presents a uniform course completion certificate for DSC that indicates the course was completed after the citation was issued but prior to the date the court granted the DSC, the Clerk shall accept the certificate and process the case as ordered above.