Brazoria County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A written continuance request is due at least three business days before trial or hearing unless its grounds arose later; the court may grant or deny it with or without a hearing.
- Attorneys or defendants may request a case reset no later than 24 hours before the current setting, unless the justifying circumstances arise later.
- Reset requests must be submitted within 24 hours of the scheduled hearing, except when a situation prevents timely submission.
Document Format Requirements4 rules
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.
Reset requests must be made in writing.
Court's wording
Requests for a reset of your hearing must be made in writing and submitted to the court within 24 hours of the scheduled hearing, unless a given situation arises that prevents the timeliness of the requests.
Requests for a reset of your hearing must be made in writing
The word "entered" should not be used in the line provided immediately above the judge's signature to show the date on which a judgment or order is signed.
Document Filing Requirements40 rules
If defendant presents satisfactory evidence ( a passing inspection report for the vehicle identified on the ticket/citation) that he/she remedied the defect within 20 working days of the date of the offense or before the defendant's court appearance, whichever is later, by obtaining a current inspection certificate, and
The Court Clerk must keep a copy of the evidence presented for the court's file in order for the dismissal to be processed.
Registration for the vehicle is current during the period the offense was committed (proven by a valid tax office receipt indicating the period of inspection for the vehicle described on the ticket/citation),
Upon presentation of a Texas Drivers' License that was: issued to that person, appropriate for the type of vehicle operated, and valid at the time of the arrest/ticket/citation for the offense;
For an expired-driver's-license dismissal, the defendant must present a paper copy of the DPS-issued renewal and show renewal within the stated period.
Court's wording
If defendant presents satisfactory evidence (Paper Copy of Driver's License Renewal issued from the Texas Department of Public Safety) that he/she renewed his/her driver's license within 20 working days of the date of the offense or before the defendant's court appearance, whichever is later, and
For an expired-registration dismissal, the defendant must present the tax-office renewal receipt and evidence of payment of the required registration late fee within the stated period.
Court's wording
If defendant presents satisfactory evidence (tax office receipt for renewal of registration for the vehicle described on the ticket/citation) that he/she remedied the defect within 20 working days of the date of the offense or before the defendant's court appearance, whichever is later; and • The defendant presents evidence of payment of the late fee for registration with the appropriate tax office as required in Trans. Code 502.407(b) and Trans. Code 502.045
The defendant presents satisfactory evidence (paper copy of driver's license issued by Texas Department of Public Safety) that he/she remedied the defect not later than 20 working days after the date of the offense or before the defendant's court appearance, whichever is later; and
• If the defendant provides proof of financial responsibility, such as a valid insurance card or insurance policy to the Court Clerk and • The Court Clerk is able to verify with the proof of financial responsibility with the issuing company, agent or department
The defendant must present a tax office receipt as evidence of placard renewal.
Court's wording
If the defendant presents satisfactory evidence (a tax office receipt) that he/she renewed the disabled parking placard not later than 20 working days or by the appearance date on the ticket/citation, whichever is later, and
A course-based dismissal request must include proof of a valid Texas driver's license, unless the defendant provides proof of active-duty military status, and current insurance showing the defendant as a driver.
Court's wording
After a defendant enters a plea of guilty or no contest by the appearance date on his/her ticket and he/she makes a request for dismissal after driving safety or motorcycle operator's course completion, the court will require: (1) proof of valid Texas Driver's License (unless proof of active duty military), (2) current proof of financial responsibility (i.e. valid insurance that indicates the defendant as a driver on the policy),
Defendant signs a statement of successful completion
During the 90-day period, the defendant completes a Driving Safety Course and remits a completion certificate for said course to the court by the end of the 90-day period
Defendant remits proof of current valid financial responsibility (i.e. an insurance card indicating the defendant as a driver on the policy)
A defendant seeking time-served or jail credit must first enter a plea if none has been entered, then may submit a written request after a guilty or no-contest plea; defendants jailed outside the Brazoria County Sheriff's Department must include the facility and incarceration dates.
Court's wording
Defendants, who have not already entered a plea, must first enter a plea on the charged offense. Upon a plea of guilty or no contest, the defendant may make a written request for time served/jail time. If the defendant was not incarcerated at the Brazoria County Sheriff's Department jail, the request must be accompanied by documentation that shows the following: (1) Which facility the defendant was jailed (2) The period of incarceration (date the defendant was booked into jail and date the defendant was released)
The Judge will hand-sign all Warrants, Orders, Subpoenas and correspondence on the signature line of the document. Documents will not have effect until they are signed by the Judge.
The Judge's signature stamp may be used only on orders from a Pre-Trial Hearing or school-related Juvenile Docket hearing; the Clerk may use it on other documents only with the Judge's specific permission.
Court's wording
As of January 1, 2013, only Orders issued from a Pre Trial Hearing or a school-related hearing (Juvenile Docket) may be stamped with the Judge's signature stamp, as these are Orders generated in the presence and at the direction of the Judge. Other than the aforementioned exceptions, the Court Clerk may not use the Judge's signature stamp on any documents unless specific permission by the Judge has been authorized.
Due dates that are extended as premised by this Standing Order will be noted on the applicable Court Order and initialed by the Clerk of the Court or Judge and also by the defendant.
An attorney of record may withdraw from representation of a party only upon written motion for good cause shown.
A withdrawal or substitution motion must provide contact information for substitute counsel, or, if there is no substitute, contact information for the party.
Court's wording
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.
An Order transferring the case shall identify the Court to which the case is being transferred and a copy of the Order shall be delivered to each party or their attorney of record.
Parties objecting to a motion to retain shall state in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Any party who files a motion to retain shall state in writing the factual and legal basis why the case should not be dismissed for want of prosecution.
each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.
Each draft order must have a heading showing the cause number, case style, and court where 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.
An Order transferring the case shall identify the Court to which the case is being transferred
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.
If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney.
He or she remains attorney of record until relieved by written order of the Court.
If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or 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.
Defendants should submit a plea in writing to the court.
• After selection of a Standard Payment Plan option, Defendant completes a Contact Information Sheet.
If a defendant who has submitted a completed Payment Ability Information and Payment Plan Application form to the court for consideration
A party requesting a mailed return must provide a self-addressed envelope with adequate postage; otherwise, the items may be retrieved at the court office during business hours.
Court's wording
A party requesting any documents/items be returned by mail must provide a self-addressed envelope with adequate postage for the requested return. Otherwise, requested documents/items may be retrieved at the court office located at 260 George Street, Suite 100, Alvin, Texas 77511 during business hours.
A person or entity requesting a copy of a document should provide the request for copies is writing that should include: • the case styling and case type or charge; or the unique cause or docket number; and, • the name or specific description of the document which the person or entity seeks; and, • whether certified copies are requested; and • proof of the requesting individual's ID (copy of state-issued ID or DL), unless the request is made by an attorney or attorney's firm representing a party in the case and the request identifies a state bar number.
Requests by mail should contain the proper copy fee and a self-addressed, stamped envelope for the return of copies.
A party requesting mailed return of file-stamped copies must file an extra copy and a self-addressed, postage-paid envelope with the original.
Court's wording
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.
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
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.
The court may choose to use its own order.
Filing & Service rules
Electronic Filing Rules
Some Brazoria County Justice of the Peace Courts currently provide electronic filing services.
Some Brazoria County Justices of the Peace Courts currently provide e- filing services.
Page 6 | 2.2 E-Filing
Filing Timing and Cure Windows
To qualify for dismissal, the defendant must show a tax office receipt proving renewal by the later of the 20-working-day deadline or the appearance date.
If the defendant presents satisfactory evidence (a tax office receipt) that he/she renewed the disabled parking placard not later than 20 working days or by the appearance date on the ticket/citation, whichever is later, and
Page 5 | Standing Order No. 2: Compliance Dismissals with Fee Assessment (Traffic or Criminal Cases)
The defendant must enter a guilty or no-contest plea by the ticket's appearance date and request dismissal after completing the course.
After a defendant enters a plea of guilty or no contest by the appearance date on his/her ticket and he/she makes a request for dismissal after driving safety or motorcycle operator's course completion, the court will require:
Page 6 | Standing Order No. 4: Driving Safety Course or Motorcycle Operator Course Requests (Traffic Cases)
An objection to a motion to retain must state its basis in writing within 3 days after service of the motion.
Parties objecting to a motion to retain shall state in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Page 9 | 2.11.3(c)
A motion to retain must be filed at least 10 business days before the dismissal date in the notice.
Motions to retain shall be filed with the Court at least 10 business days prior to the date specified in the notice of dismissal for want of prosecution.
Page 9 | 2.11.3(a)
A date specified in these rules that falls on a court holiday or temporary closure moves to the first business date afterward.
When any date mentioned in these rules falls on a court holiday or a date when the court is temporarily closed, then the applicable date shall be the first business date following the holiday or temporary closure.
Page 10 | 2.13
A date mentioned in these rules that falls on a court holiday or temporary closure moves to the first business date afterward.
When any date mentioned in these rules falls on a court holiday or a date when the court is temporarily closed, then the applicable date shall be the first business date following the holiday or temporary closure.
Page 17 | 3.11 Holidays and other Temporary Closures
If a date mentioned in these 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 tollowing the holiday or temporary closure.
Page 11 | 2.13 Holidays and other Temporary Closures
Service and Proof of Service Rules
For a defendant who may be served in Brazoria County, the clerk will accept a $75.00 service fee per defendant and forward the citation and petition copy to the constable or sheriff unless the plaintiff requests otherwise.
However, if a defendant may be served in Brazoria County, the Court Clerk will accept the required service fee of $75.00 per defendant and forward the Citation and Copy of the Petition* to the constable or sheriff, unless the plaintiff request otherwise.
Page 13 | Standing Order No. 18: Service of Citations (Civil Cases)
A citation requiring out-of-county service will be returned to the plaintiff, who is responsible for obtaining proper service under the TRCP.
Therefore, any citation requiring out-of-county service will be returned to the plaintiff, who is responsible for obtaining proper service in accordance with the TRCP.
Page 13 | Standing Order No. 18: Service of Citations (Civil Cases)
Eviction cases must be filed in the county and precinct where the property is located, and the citation must be served by a constable or sheriff.
Eviction cases must be filed in the county and precinct in which the property subject to the suit is located (TRCP 510.3(b)) and the Citation must be served by the constable or sheriff (510.4(b)).
Page 14 | Standing Order No. 18: Service of Citations (Civil Cases)
If no substitute attorney is appointed, 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 and contact information for the party must be provided in the motion.
Page 8 | 2.8 Withdrawal or Substitution of Counsel
A copy of a transfer order must be delivered to each party or the party's attorney of record.
An Order transferring the case shall identify the Court to which the case is being transferred and a copy of the Order shall be delivered to each party or their attorney of record.
Page 8 | 2.10 Assignment and Transfer of Cases
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 13 | 3.3 Order of Transfer
The court mails the hearing notice to the filing party and all other respondents listed in the petition.
The case is docketed by the court clerk and notice of hearing is mailed to the filing party and all other respondents listed in the petition (i.e. towing company, vehicle storage facility, person/entity/law enforcement agency who authorized the towing, etc.).
Page 20 | 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)
Court clerks will not verify addresses or send citation service fees to out-of-county offices or entities for the plaintiff.
Court Clerks will not verify addresses or remit citation service fees to out-of-county offices or entities on behalf of the plaintiff.
Page 13 | Standing Order No. 18: Service of Citations (Civil Cases)
Parties in Justice Court suits must provide enough copies of 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.
Page 6 | 2.4 Provision and Costs of Copies
Filing Fees and Waivers
The fee for an expired-inspection dismissal is $10.
• The defendant pays a fee of $10.00 (Law allows up to $20 fee, but our court collects $10.)
Page 3 | STANDING ORDER NO. 2: COMPLIANCE DISMISSALS WITH FEE ASSESSMENT (TRAFFIC OR CRIMINAL CASES)
The fee for a change-of-address-or-name dismissal is $10.
• The defendant pays a fee of $10 (Law allows for up to $20 fee, but our court collects $10)
Page 4 | STANDING ORDER NO. 2: COMPLIANCE DISMISSALS WITH FEE ASSESSMENT (TRAFFIC OR CRIMINAL CASES)
The fee for an expired-driver's-license dismissal is $10.
The defendant pays a fee of $10 (Law allows up to $20 fee, but our court collects $10.)
Page 4 | STANDING ORDER NO. 2: COMPLIANCE DISMISSALS WITH FEE ASSESSMENT (TRAFFIC OR CRIMINAL CASES)
The fee for a failure-to-display-driver's-license dismissal is $10.
The defendant pays a fee of $10.
Page 4 | STANDING ORDER NO. 2: COMPLIANCE DISMISSALS WITH FEE ASSESSMENT (TRAFFIC OR CRIMINAL CASES)
The fee for an expired-registration dismissal is $10.
• The defendant pays a fee of $10. (Law allows up to $20 fee, but our court collects $10.)
Page 4 | STANDING ORDER NO. 2: COMPLIANCE DISMISSALS WITH FEE ASSESSMENT (TRAFFIC OR CRIMINAL CASES)
The court collects a $10 fee for dismissal of an expired disabled parking placard, although the law allows a fee up to $20.
The defendant pays a fee of $10 (Law allows up to a $20 fee, but our court collects $10)
Page 5 | Standing Order No. 2: Compliance Dismissals with Fee Assessment (Traffic or Criminal Cases)
A $10 fee is required for this dismissal.
• The defendant pays a fee of $10
Page 5 | Standing Order No. 2: Compliance Dismissals with Fee Assessment (Traffic or Criminal Cases)
STANDING ORDER NO. 3: DISMISSALS WITHOUT A FEE (TRAFFIC OR CRIMINAL CASES)
STANDING ORDER NO. 3: DISMISSALS WITHOUT A FEE (TRAFFIC OR CRIMINAL CASES)
Page 5 | Standing Order No. 3: Dismissals without a Fee (Traffic or Criminal Cases)
The defendant must pay $10 or, if that amount is not appropriate, the fee specified by Texas statute.
• Pays a fee of $10, or the fee indicated in the Texas statute if $10 is not appropriate.
Page 5 | Standing Order No. 2: Compliance Dismissals with Fee Assessment (Traffic or Criminal Cases)
A $144 fee is required to process the course dismissal request.
(3) a fee of $144 for all costs in order to process the request.
Page 6 | Standing Order No. 4: Driving Safety Course or Motorcycle Operator Course Requests (Traffic Cases)
At the end of the 30-day deferral period, the defendant must pay a $150 deferral fine.
Defendant appears back at the court at the end of the 30-day period and remits a deferral fine in the amount of $150 and
Page 7 | Standing Order No. 5: Deferred Disposition
At the end of the two-week deferral period, the defendant must pay a $150 deferral fine.
Defendant appears back at the court at the end of the two-week period and remits a deferral fine in the amount of $150 and
Page 7 | Standing Order No. 5: Deferred Disposition
Defendant remits the mandatory costs (which varies depending on the offense) plus the deferral fine of $150.00 (or if the maximum fine on an offense is less than $150, then the deferral fine will be the same as the maximum fine amount for the charged offense). Typically, the total costs for a moving violation is $284.00, however, the amount may vary dependent on the charged offense.
Defendant remits the mandatory costs (which varies depending on the offense) plus the deferral fine of $150.00 (or if the maximum fine on an offense is less than $150, then the deferral fine will be the same as the maximum fine amount for the charged offense). Typically, the total costs for a moving violation is $284.00, however, the amount may vary dependent on the charged offense.
Page 7 | Standing Order No. 5: Deferred Disposition
For a two-week deferral, the defendant must pay the mandatory costs assessed on the case, typically $134 for moving violations.
Defendant remits the mandatory costs assessed on the case (typically for moving violations this is $134.00)
Page 7 | Standing Order No. 5: Deferred Disposition
Defendant appears back at the court at the end of the 6-month period and remits a deferral fine in the amount of $150, time payment fee in the amount of $15 and
Defendant appears back at the court at the end of the 6-month period and remits a deferral fine in the amount of $150, time payment fee in the amount of $15 and
Page 8 | Standing Order No. 5: Deferred Disposition
For deferred disposition of a no-insurance offense, the defendant must pay the mandatory costs assessed on the case, typically $81.
Defendant remits the mandatory costs assessed on the case (typically this amount is $81.00)
Page 8 | Standing Order No. 5: Deferred Disposition
At the end of the 90-day deferral period, the defendant must pay a $150 deferral fine and a $15 time-payment fee.
Defendant appears back at the court at the end of the 90-day period and remits a deferral fine in the amount of $150 and time-payment fee in the amount of $15, and
Page 8 | Standing Order No. 5: Deferred Disposition
A case with Capias Pro Fine Warrant status may not be included in a payment plan agreement.
Note: A case with a status of Capias Pro Fine Warrant may not be included in a Payment Plan Agreement. (See Standing Order No. 13)
Page 9 | STANDING ORDER NO. 7: PAYMENT PLAN (TRAFFIC OR CRIMINAL CASES)
The Court assesses a $15 time-payment fee on the 31st day after judgment if any portion of the case cost remains unpaid, including cases with Deferred Disposition.
The Court will assess a $15 time-payment fee on the 31s day after the date of judgment on any case where a portion of the cost on a case has not been paid in full. This fee also applies in cases where Deferred Disposition has been granted.
Page 10 | STANDING ORDER NO. 8: TIME PAYMENT FEE (TRAFFIC OR CRIMINAL CASES)
If a defendant cannot pay a fine assessed at a Pre-Trial Conference, the court must initiate the process for a payment plan or indigence consideration.
If a fine is assessed at a Pre Trial Conference and the defendant is unable to make the required payment, the court shall initiate the process for a payment plan or indigence consideration.
Page 11 | Standing Order No. 11: Pre-Trial Conference (Traffic or Criminal Cases)
Cases filed when the defendant was over 17 are referred to a collection agency if the balance remains unpaid or the defendant fails to appear by the specified 60th day, and referred cases incur a fee of 30% of the unpaid balance.
All cases with a defendant over the age of 17 at the time of the case's filing will be referred to a third party collection agency if the following one of the following criteria exist: • The costs and fine balance is not paid on the case by the 60th day from the date on which the fine and/or court cost should have been paid in full as determined by the court; or • The defendant fails to appear by the 60h day after the date for which the accused promised to appear or was notified, summoned, or ordered to appear. A collection agency fee in the amount of 30% of the total unpaid balance will be added to the case balance of each case referred to the collection agency.
Page 12 | Standing Order No. 15: Omnibase Hold and Third Party Collections (Traffic or Criminal Cases)
Cases that proceed to warrant status are referred to the Omnibase system, and each referred case is assessed a $10 fee.
Cases that proceed to a warrant status will be referred to the Department of Public Safety's Failure to Appear Program (Omnibase system). A fee of $10.00 will be added to each case that is referred.
Page 12 | Standing Order No. 15: Omnibase Hold and Third Party Collections (Traffic or Criminal Cases)
Once assessed, a collection agency fee must be paid or discharged through another lawful means, such as community service, an indigency waiver, or dismissal.
Once a collection agency fee has been assessed on a case, the fee must be paid or discharged by some other lawful manner (community service, indigency waiver, dismissal, etc.).
Page 12 | Standing Order No. 15: Omnibase Hold and Third Party Collections (Traffic or Criminal Cases)
A proper tow-hearing request must be filed with the applicable fees to trigger 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 (Tow Hearings)
The court accepts cash, cashier's checks, money orders, company checks, attorney firm checks, and personal checks when the signer’s Texas ID is verified for the listed civil case types.
Acceptable payments are Cash, Cashier's Check, Money Order, Company Check, Attorney's Firm Check or Personal Check with verification of a Texas ID for the check signer.
Page 3 | STANDING ORDER NO. 1: PAYMENT METHODS
Credit card payments are processed through Certified Payments and incur a fee of 2.85% of the total payment.
Payments made with a credit card will be processed through a third-party company, Certified Payments, and a 2.85% (of the total payment) fee will be charged.
Page 3 | STANDING ORDER NO. 1: PAYMENT METHODS
Cash amounts requiring coins must be paid in exact cents; the court can make change for bills.
The court does not have the ability to make coin change. Any amounts due that will be paid in cash and that require coins for payment will need to be remitted in the exact cents due. The court does keep bill change, therefore if the amount due is $67.10, the payer could remit $70.10 and receive $3.00 in change.
Page 3 | STANDING ORDER NO. 1: PAYMENT METHODS
Personal checks are not accepted for traffic, Class C misdemeanor, and occupational driver's license request cases.
The court does not accept personal checks for these case types.
Page 3 | STANDING ORDER NO. 1: PAYMENT METHODS
Cash, money orders, cashier's checks, and the listed credit cards are accepted for traffic, Class C misdemeanor, and occupational driver's license request cases.
Acceptable payment methods are cash, money order, cashier's check; also acceptable are VISA, MasterCard, American Express and Discover credit cards.
Page 3 | STANDING ORDER NO. 1: PAYMENT METHODS
Small Claim and Debt Claim filers may pay fees by the listed credit cards, but citations will not issue until the County Treasurer's Department confirms that the fees cleared the bank.
A party filing a Small Claim or Debt Claim may use a VISA, MasterCard, American Express or Discover credit card to pay the requisite fees, however, the court will not issue a citation on these cases until the filing fees are confirmed to have cleared the bank via our County Treasurer's Department.
Page 3 | STANDING ORDER NO. 1: PAYMENT METHODS
After a guilty or no-contest plea and trial waiver, the Clerk may process a standard payment plan with either listed installment schedule and the stated information and interview steps.
Upon a plea of guilty or no contest, a waiver of jury/bench trial, the Court Clerk may process a request for a payment plan as follows: • In accordance with the Texas Administrative Code, Rule 175.3(a)(7)(A), there are two options for a standard payment plan in this court: Option 1: Payment(s) of $20.00 every two weeks until the balance is paid in full. Option 2: Payments) of $40.00 once per month until the balance is paid in full. • After selection of a Standard Payment Plan option, Defendant completes a Contact Information Sheet. • Defendant's Contact Information is verified by the Court Clerk • Defendant completes an oral interview with the Court Clerk to review the Payment Plan
Page 9 | STANDING ORDER NO. 7: PAYMENT PLAN (TRAFFIC OR CRIMINAL CASES)
Amounts collected above a payment plan's minimum payment must be applied to the final payment.
• Any monies collected over the minimum payment specified in a Payment Plan shall be applied to the last payment.
Page 9 | STANDING ORDER NO. 7: PAYMENT PLAN (TRAFFIC OR CRIMINAL CASES)
A defendant who submits the completed application, meets at least one listed qualification, and agrees to community service may be granted community service instead of paying fines and costs.
If a defendant who has submitted a completed Payment Ability Information and Payment Plan Application form to the court for consideration possesses at least one of the three criteria found in Texas Administrative Code 175.3(a)(6)(A) [Defendant is required to attend school under Sec. 25.085 of the Texas Education Code; Defendant's household income is at or below 125% of the federal poverty level; the defendant receives government assistance in the form of food stamps, WIC, Medicaid, or CHIPS], then the defendant may be granted community service in lieu of the fine and costs, as long as the defendant agrees to this method for discharging the fine and costs owed.
Page 9 | STANDING ORDER NO. 7.1: STANDARD OPTION FOR COMMUNITY SERVICE IN LIEU OF FINE AND COSTS
A court-determined indigent defendant or defendant unable to pay without undue hardship may be granted community service for all or part of the fine and costs, at a standard rate of 8 hours per $100 owed.
Defendants who are determined by the court to be indigent or financial unable to pay without undue hardship, may be granted community service in lieu of the costs and fine, or any portion of thereof. As a standard, for every $100 owed, the court will assess 8 hours of community service.
Page 10 | STANDING ORDER NO. 9: COMMUNITY SERVICE; INDIGENCE OR FINANCIAL INABILITY TO PAY
Court Clerks may accept full payment on outstanding capias pro fine warrants but may not process payment-plan requests for unsatisfied judgments that have escalated to capias pro fine warrant status.
Court Clerks may accept payment in full for outstanding capias pro fine warrants. Court Clerks may not process a Payment Plan requests for an unsatisfied judgment that has escalated to a Capias Pro Fine warrant case status.
Page 11 | Standing Order No. 13: Capias Pro Fine Warrants (Traffic or Criminal Cases)
Regular copies cost 10 cents per page, with one free copy of a Court Order and Community Service Verification form per party or attorney; additional copies are charged, and each side of a two-sided document counts as a page.
The court will assess a copy fee of .10 cents per page for a regular copy of documents. (Admin. Code 70.3) The court will provide one free copy of a Court Order, Community Service Verification form per party and/or attorney. Additional copies will incur the 10 cents per page fee. Two-sided documents are considered two pages.
Page 12 | Standing Order No. 16: Copy Fees and Requests for Copies
The service fee for a defendant who may be served in Brazoria County is $75.00 per defendant.
However, if a defendant may be served in Brazoria County, the Court Clerk will accept the required service fee of $75.00 per defendant and forward the Citation and Copy of the Petition* to the constable or sheriff, unless the plaintiff request otherwise.
Page 13 | Standing Order No. 18: Service of Citations (Civil Cases)
Certified copies cost $2.00 for the first page and .25 cents for each additional page.
Certified Copies are $2.00 for the first page and .25 cents for each additional page. (Local Gov. Code 118.121)
Page 13 | Standing Order No. 16: Copy Fees and Requests for Copies
Copies needed to satisfy TRCP requirements cost .10 cents per page.
The Court will make copies at a rate of .10 cents per page for copies needed to satisfy TRCP requirements. (TRCP 501.1(d))
Page 13 | Standing Order No. 16: Copy Fees and Requests for Copies
In civil cases, the Court Clerk will issue the required number of citations upon payment of the proper filing fee.
The Court Clerk, upon payment of the proper filing fee, will issue the required number of Citations in cIvil cases.
Page 13 | Standing Order No. 18: Service of Citations (Civil Cases)
Applicable or requested civil case fees will be assessed and receipted by the Court Clerk after full payment.
The following fees will be assessed, as requested or applicable, and shall be receipted by the Court Clerk after payment in full is made:
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
A copy fee of .10 cents per page will be assessed when adequate copies are not provided.
A copy fee of .10 cents per page will be assessed if adequate copies are not provided; see Standing Order No. 16.
Page 14 | Standing Order No. 18: Service of Citations (Civil Cases)
The service-by-mail fee varies according to U.S. Postal rates.
Service by Mail Fee: Variable amount according to US Postal rates
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
The subpoena issuance fee is $5.00.
Subpoena Issuance Fee: $5.00
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
The abstract fee is $5.00 per issuance.
Abstract Fee: $5.00 per issuance
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
Filing fees are non-refundable once a case has been deemed filed.
Once a case has been deemed filed, filing fees are non-refundable.
Page 14 | Standing Order No. 19: Civil Case Filing Fees
The writ service fee is $175.00.
Writ Service Fee: $175.00
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
The civil case filing fee is $46.00 through December 31, 2021, and $54 on or after January 1, 2022.
Filing Fee: $46.00 on or before 12/31/2021; $54 on or after 01/01/2022
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
The filing fee for a motion for new trial is $54.00 effective on or after January 1, 2022.
Motion for New Trial Filing Fee: (effective on or after 01/01/2022): $54.00
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
The writ issuance fee is $5.00.
Writ Issuance Fee: $5.00
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
The transcript fee is $10.00.
Transcript Fee: $10.00
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
The jury fee is $22.00.
Jury Fee: $22.00
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
The appeal filing fee is $54.00 effective on or after January 1, 2022.
Appeal Filing Fee: (effective on or after 01/01/2022): $54.00
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
Certified copies cost $2.00 for the first page and $0.25 for each additional page.
Certified Copy fee: $2.00 for first page, $0.25 for each additional page
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
The Brazoria County subpoena service fee is $75.00.
Brazoria County Subpoena Service Fee: $75.00
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
Eviction cases incur a $75.00 service fee for each named defendant.
A service fee of $75.00 per named defendant will be assessed in Eviction cases.
Page 14 | Standing Order No. 18: Service of Citations (Civil Cases)
The Brazoria County citation service fee is $75.00.
Brazoria County Citation Service Fee: $75.00
Page 14 | Standing Order No. 20: Assessment and Receipt of Civil Case Fees
Other document issuance costs $1.00 for the first page and $0.25 for each additional page.
Other document issuance fee: $1.00 for first page, $0.25 for each additional page
Page 15 | Standing Order No. 16: Copy Fees and Requests for Copies
For a non-payment-of-rent eviction appeal where the defendant files an Affidavit of Inability to Pay, the rent due is the amount required by the court’s order.
Rent due on Appeal of an Eviction Judgment: (In a suit of Non-Payment of Rent when the defendant files an Affidavit of Inability to Pay): Amount required by Court's Order
Page 15 | Standing Order No. 16: Copy Fees and Requests for Copies
A cash appeal bond must be in the amount required by the court’s order.
Cash Appeal Bonds: Amount required by Court's Order
Page 15 | Standing Order No. 16: Copy Fees and Requests for Copies
Regular copies cost $0.10 per page.
Regular Copy fee: $0.10 per page
Page 15 | Standing Order No. 16: Copy Fees and Requests for Copies
The Court may assess fees against a party who fails to comply with the TRCP to provide necessary copies for 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
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
A defendant unable to pay in full may appear at the court window and request a payment plan.
If a defendant is unable to remit the payment in full, he/she may appear at the court's window and request a payment plan.
Page 8 | Standing Order No. 6: Plea of Guilty or No Contest, Waiver of Bench/Jury Trial, and Payment of Fine (Traffic or Criminal Cases)
After a guilty or no-contest plea, the court may accept the costs and fine in full.
Upon a plea of guilty or no contest, the court may accept costs and fine in full.
Page 8 | Standing Order No. 6: Plea of Guilty or No Contest, Waiver of Bench/Jury Trial, and Payment of Fine (Traffic or Criminal Cases)
A defendant may elect to have Payment Ability Information reviewed for an alternative payment plan or other options to discharge fines and costs.
• A defendant may elect to have his or her Payment Ability Information reviewed for an alternative payment plan or other options for discharge of the fine/costs. Texas Administrative Code, Chapter 175 governs.
Page 9 | STANDING ORDER NO. 7: PAYMENT PLAN (TRAFFIC OR CRIMINAL CASES)
During a community-service order, the defendant may instead pay the full balance or combine completed service hours with payment of the remaining balance.
At any time during the term of the Order for Community Service, the defendant may opt to: pay the fine and court cost balance in full, or remit partially completed community service hours with a payment to satisfy the remaining balance of the fine and costs owed.
Page 10 | STANDING ORDER NO. 9: COMMUNITY SERVICE; INDIGENCE OR FINANCIAL INABILITY TO PAY
Defendants who cannot qualify for a payment plan because of indigence or financial inability may be eligible to discharge fines and costs through community service.
Defendants who are not qualified for a Payment Plan as described in Standing Order No. 7 due to indigence or financial inability may be eligible for the non-monetary option of community service in lieu of the fine and costs owed on a case.
Page 10 | STANDING ORDER NO. 9: COMMUNITY SERVICE; INDIGENCE OR FINANCIAL INABILITY TO PAY
Pre-Motion Conference Requirements
When practicable, a party seeking a continuance should attempt to confer with the opposing party before filing the motion; this is a recommendation.
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
If a defendant cannot pay costs or a fee assessed at a Pre-Trial Conference, an extension must be allowed for the minimum time the defendant indicates is needed, up to two weeks from the conference date.
If costs and/or a fee are assessed at a Pre Trial Conference and the defendant cannot remit the required payment, an extension for the minimum amount of time needed as indicated by the defendant, not to exceed two weeks from the Pre Trial Conference date, shall be allowed for the defendant to remit the required payment.
Page 11 | Standing Order No. 11: Pre-Trial Conference (Traffic or Criminal Cases)
A written continuance request is due at least three business days before trial or hearing unless its grounds arose later; the court may grant or deny it with or without a hearing.
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. Motions for postponement (continuance) may be granted or denied with or without a hearing by the court.
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 justifying circumstances 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
Reset requests must be submitted 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
A defendant may request one reset of the Pre-Trial setting.
Defendants may request one reset of their Pre Trial setting.
Page 11 | Standing Order No. 11: Pre-Trial Conference (Traffic or Criminal Cases)
Chambers Communication Rules
Judges may not initiate, permit, or consider ex parte or other communications about the merits of a pending proceeding, except as authorized by law or for the listed 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: (a) uncontested administrative matters, (b) uncontested procedural matters, (c) magistrate duties and functions, (d) determining where jurisdiction of an impending claim or dispute may lie, (e) determining whether a claim or dispute might more appropriately be resolved in some other judicial or non-judicial forum, (f) mitigating circumstances following a plea of nolo contendere or guilty for a fine-only offense, or (g) any other matters where ex parte communications are contemplated or authorized by law.
Page 15 | Standing Order No. 21: Ex Parte Communication
An attorney assigned to trials in two Brazoria County Justice Courts on the same date must notify both courts in writing as soon as the conflict appears; the justices determine priority considering jury trials, criminal cases, statutory preferences, and earliest filing date.
Attorneys assigned to trial in two Justice Courts in Brazoria County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent. The Justices of the Peace will agree on which case has priority, with consideration given to the following: (1) Jury Trials (2) Criminal Cases (3) Cases given preference by statute (4) Cases with the earliest filing date
Page 7 | 2.7 Conflicting Engagements of Attorneys
An attorney with an actual or scheduled conflicting trial must notify the Justice Court in writing as soon as the conflict appears and provide the case number and other court; the court verifies the assignment and may hold or reset the case, but may proceed without further notice if the representation is inaccurate.
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. When informed that an attorney is in trial, the Court will verify the assignment. The case will be placed on hold" or reset, depending upon the circumstances. If the attorney is not actually in trial or scheduled for trial as represented by the attorney or agent, the case may be tried without further notice.
Page 7 | 2.7 Conflicting Engagements of Attorneys
An attorney assigned to trial in two Brazoria County Justice Courts on the same date must notify both courts in writing as soon as the conflict becomes apparent.
Attorneys assigned to trial in two Justice Courts in Brazoria 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 is scheduled to be in trial elsewhere must promptly notify the Justice Court in writing, as soon as the conflict becomes apparent, and provide 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
Because reset allowances may vary by court and case type, contact the applicable Justice of the Peace Court to learn its 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 ethical canons concerning media discussions of cases 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 make advance arrangements with the Court if they anticipate needing to use or move courtroom furniture or equipment.
Attorneys should anticipate any need to use or move furniture, easels, or other equipment, and should make advance arrangements with the Court.
Page 26 | 6.2 Attorneys
Attorneys should make advance arrangements with the Court for anticipated use or movement of courtroom furniture, easels, or equipment.
Attorneys should anticipate any need to use or move furniture, easels, or other equipment, and should make advance arrangements with the Court.
Page 27 | 6.2 Attorneys
Attorneys should follow ethical canons concerning media discussions of cases 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
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