Brazoria County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Expired inspection dismissal evidence

For an expired-inspection dismissal, the defendant must present a passing inspection report for the cited vehicle and show that the defect was remedied by obtaining a current inspection certificate within the stated period.

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

CRITICAL

Applies to

Failure to display license plate dismissal evidence

For a failure-to-display-license-plate dismissal, the defendant must establish that registration was current during the offense period using a valid tax-office receipt.

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),

CRITICAL

Applies to

Dismissal request

For a no-insurance dismissal, the defendant must provide proof of financial responsibility to the clerk, who must be able to verify it with the issuer, agent, or department.

• 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

CRITICAL

Applies to

Dismissal request

The defendant must present a tax office receipt as evidence of placard renewal.

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

CRITICAL

Applies to

Compliance dismissal evidence

For a compliance dismissal, the Court Clerk must keep a copy of the evidence presented in the court's file.

The Court Clerk must keep a copy of the evidence presented for the court's file in order for the dismissal to be processed.

CRITICAL

Applies to

Failure to display drivers license dismissal evidence

For a failure-to-display-driver's-license dismissal, the defendant must present a Texas driver's license issued to that person, appropriate for the vehicle, and valid at the time of the offense.

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;

CRITICAL

Applies to

Statement of successful completion

The defendant must sign a statement of successful completion for the 90-day deferral.

Defendant signs a statement of successful completion

CRITICAL

Applies to

Course completion certificate

The defendant must complete a Driving Safety Course and submit its completion certificate to the court by the end of the 90-day period.

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

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

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

CRITICAL

Applies to

Expired drivers license dismissal evidence

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.

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

CRITICAL

Applies to

Attorney withdrawal motion

If no attorney will be substituted, 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.

CRITICAL

Applies to

Withdrawal motion

A withdrawal or substitution motion must provide contact information for substitute counsel, or, if there is no substitute, contact information for the party.

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.

CRITICAL

Applies to

Expired registration dismissal evidence

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.

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

CRITICAL

Applies to

Time served request

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.

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)

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

Draft order

Must include

case number

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

each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.

CRITICAL

Applies to

Warrants orders subpoenas correspondence

The Judge must hand-sign warrants, orders, subpoenas, and correspondence on the signature line; those documents have no effect until signed.

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.

CRITICAL

Applies to

Court order

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.

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.

CRITICAL

Applies to

Attorney withdrawal motion

When substituting another attorney, the motion must provide that attorney’s contact information.

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

CRITICAL

Applies to

Jury waiver

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

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

CRITICAL

Applies to

Transfer order

A transfer order must identify the receiving court, and a copy 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.

CRITICAL

Applies to

Change of address or name dismissal evidence

For a change-of-address-or-name dismissal, the defendant must present a paper copy of the DPS-issued driver's license and show the defect was remedied within the stated period.

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

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

Proof of financial responsibility

For deferred disposition of a no-insurance offense, the defendant must submit proof of current valid financial responsibility, such as an insurance card showing the defendant as a driver on the policy.

Defendant remits proof of current valid financial responsibility (i.e. an insurance card indicating the defendant as a driver on the policy)

CRITICAL

Applies to

Draft order

Must include

case number

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

A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.

CRITICAL

Applies to

Court order

An extended due date must be noted on the applicable court order and initialed by the Clerk or Judge and the defendant.

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.

CRITICAL

Applies to

Court order

An attorney remains attorney of record until relieved by written court order.

He or she remains attorney of record until relieved by written order of the Court.

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

Driving safety course request

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.

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),

WARNING

Applies to

Draft judgment or order

So far as practicable, a draft judgment or order should be approved as to form by all parties’ attorneys before presentation 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.

WARNING

Applies to

Mail return request

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.

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.

WARNING

Applies to

Copy request

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.

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.

WARNING

Applies to

Contact information sheet

A defendant selecting a standard payment plan must complete a Contact Information Sheet.

• After selection of a Standard Payment Plan option, Defendant completes a Contact Information Sheet.

WARNING

Applies to

Motion to retain or objection

The Court may decide a motion to retain with or without a hearing; a party seeking oral argument must request a hearing in its 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

Written plea

Defendants should submit their plea to the court in writing.

Defendants should submit a plea in writing to the court.

WARNING

Applies to

Mailed copy request

Copy requests sent by mail should include the proper copy fee and a self-addressed, stamped return envelope.

Requests by mail should contain the proper copy fee and a self-addressed, stamped envelope for the return of copies.

WARNING

Applies to

Filed document

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

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

Payment ability information and payment plan application

A defendant seeking consideration under this community-service option must submit a completed Payment Ability Information and Payment Plan Application form to the court.

If a defendant who has submitted a completed Payment Ability Information and Payment Plan Application form to the court for consideration

INFO

Applies to

Draft order

The court may choose to use its own order instead of a party's draft.

The court may choose to use its own order.