Brewster County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance request must be submitted to the court in writing at least three business days before trial or hearing, unless its grounds arose later.
- A request to reset an appearance must be made at least 24 hours before the setting unless later-occurring circumstances justify the request, as determined by the presiding judge.
Document Format Requirements2 rules
A draft of an order or judgement shall be its own page and not typed on the sane page as a pleading, motion, certificate of service, or any part thereof.
3. The course certificate is marked Court Copy, is signed by the defendant and contains no alterations, modifications and/ or erasures.
Formatting
- •The certificate must contain no alterations, modifications and/or erasures
Document Filing Requirements31 rules
A party requesting a civil jury shall file a written notice to the court no later than 14 days before the fate a case is set for trial.
- Document
- Civil jury demand
Must include
- •Written notice to the court
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.
An order transferring the case shall identify the court to which the case is being transferred
Each draft shall have a proper heading including the cause number, the style of the case, and the court in which the case is pending.
In the instance that a case is transferred under Rule 4.2, an order transferring the case shall identify the court to which the case is being transferred
Before the case continues, the court must receive written notice of counsel substitution identifying the original attorney, substitute attorney, and defendant.
Court's wording
If an attorney is to be substituted as an attorney for the party, the court must receive written notification of the substitution prior to continuing with the case. The notification shall include the original attorney’s information, the substitute attorney’s information and, the defendant’s information for whom the substitution is occurring.
requires written consent from both the child and the parent in a written diversion agreement.
The written, binding Diversion Agreement must meet the stated objectives and contain the required information, explanations, length, signatures, consent, and termination notice.
Court's wording
There shall be a written binding Diversion Agreement that contains the components required in Article 45.309 & 45.310 of the Texas Code of Criminal Procedure. The objectives shall: a. consider the child's circumstances; b. be rationally relevant to the alleged conduct; c. be realistic to accomplish, and; d. be in the best interest of the child and the community. The written agreement shall contain the following components as required by law: a. an identification of the alleged conduct and diversion agreement terms in clear and concise language understandable to the child. b. positive and negative consequences of successful completion of, or failure to comply with, the terms of the diversion agreement. c. an explanation that a guilty plea is not required, and that participation is not an admission of guilt. d. an explanation of the review and monitoring process for compliance with the diversion agreement. e. the agreed length of the DAP. f. signatures of the child and parent indicating each's consent to diversion, with the understanding that diversion is optional. Notification that the child and/or the child's parent may terminate the diversion at any time, and acknowledgement that upon termination, the case will be referred to Court.
A copy of the motor vehicle liability insurance policy covering the vehicle in force at the time of the offense
A request to dismiss an expired-registration citation must include the specified stamped registration document and proof that the Section 502.045 penalty fine was paid.
Court's wording
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;
The insurance policy submitted as proof must satisfy the order's owner-or-operator policy, insurer authorization, named-insured, and minimum-coverage requirements.
Court's wording
For purposes of this Standing Order, a motor vehicle liability insurance policy must be an owner's or operator's policy that (i) is issued by an insurance company authorized to write motor vehicle liability insurance in this state; (ii) is written to or for the benefit of the named insured in the policy; and (iii) meets the minimum coverage requirements (As of January 11, 2024, minimum coverage is $30,000/$60,000/$25,000).
1. Proof of a valid Texas driver's license that indicates the address or name of the defendant has been corrected; and
1. Proof of the temporary license issued by the Department of Public Safety indicating renewal of the license and the date renewed; and
A clerk may process a request for Deferred Disposition for the offense of Failing to Provide Proof Financial Responsibility if, in addition to the minimum eligibility requirements, the defendant: 1. presents proof of Financial Responsibility, pursuant to 601, T.C., that is valid on the day ot the request; 2. agrees to maintain, without lapse or interruption, financial responsibility for the entire deferral period; 3. presents proof of financial responsibility to the Court at the end of the period.
A clerk may process a request for Deferred Disposition for the offense of Driving While License Invalid if, in addition to the minimum eligibility requirements, the defendant: 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".
All proof of financial responsibility shall be verified prior to dismissal, unless directed otherwise by the Court.
ACCEPTABLE PROOF 1) a copy of the motor vehicle liability insurance policy covering the vehicle in force at the time of the offense; 2) an insurance binder that confirms the operator is in compliance Chapter 601, Trans. Code.
A qualifying liability policy must be an owner’s or operator’s policy issued by an authorized insurer, written for the named insured’s benefit, and meet the stated minimum coverage.
Court's wording
For purposes of this Standing Order, a motor vehicle liability insurance policy must be an owner's or operator's policy that (i) is issued by an insurance company authorized to write motor vehicle liability insurance in this state; (il) is written to or for the benefit of the named insured in the policy; and (iii) meets the minimum coverage requirements (As of January 11, 2024, minimum coverage is $30,000/$60,000/$25,000).
2. Files with the court a signed an affidavit complying with all cligibility requirements for DSC as set forth in Sec. 45.0511(c)(3) of the Texas Code of Criminal Procedure;
A clerk may accept DSC completion proof for dismissal when the defendant presents a timely-completion certificate and a post-offense-date DPS-certified driving record showing no qualifying course completion in the preceding twelve months.
Court's wording
IT IS FURTHER ORDERED that a Clerk may accept proof of completion of a Driving Safety Course for dismissal of the case under the following circumstances: 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. 2. The driving record presented by the defendant indicates the defendant has not completed a driving safety course for the purpose of dismissing a moving violation citation within the twelve (12) months preceding the date of the citation.
3. Provides proof of financial responsibility, pursuant to the Texas Transportation Code, valid and in force as of the date the defendant requests for DSC;
4. Presents a valid Texas Driver's License or permit;
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.
A party desiring to have file-stamped copies of any document returned to them by mail shall include with the original document to be filed a self-addressed, postage-paid envelope.
Must include
- •A self-addressed, postage-paid envelope
The notice and pleading requirement of law must be followed.
If either party wishes to provide oral arguments they must request so in their motion or objection.
As far as practicable, every draft of an order or judgment to be signed by a judge should be approved as to form by attorneys for all parties prior to being presented to the judge.
Premium notices, payment receipts and/or handwritten documents are not acceptable proof of financial responsibility.
Premium notices, payment receipts and/or handwritten documents are not acceptable proof of financial responsibility.
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.
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.
Filing & Service rules
Filing Timing and Cure Windows
A civil jury demand must be filed no later than 14 days before the case is set for trial; an untimely demand waives the jury-trial right unless the presiding Judge excuses it for good cause.
A party requesting a civil jury shall file a written notice to the court no later than 14 days before the fate a case is set for trial.
Page 9 | 3.3 Demand for Jury
A motion to retain must be filed with the Court at least ten business days before the specified dismissal date.
Motions to retain shall be filed with the Court at least ten business days prior to date specified for the dismissal for want of prosecution.
Page 11 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
An objection to a motion to retain must state its basis in writing and be provided to the Court and opposing party within three days of service of the motion.
Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within three days od service of a motion to retain.
Page 12 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
Compliance for an expired-registration citation must occur no more than 20 working days after the later of the offense date or court appearance date.
The date of compliance may not be more than 20 working days after the date of offense or after the court appearance date, whichever is later.
Criminal cases
Page 1 | Display Expired License Plates (Registration)
Proof of financial responsibility must be provided by the court appearance date.
Proof of financial responsibility must be provided by the court appearance date.
Criminal cases
Page 2 | Fail to Maintain Financial Responsibility
The address or name correction must be made no more than 20 working days after the offense date.
The correction must be made not more than 20 working days after the date of offense.
Criminal cases
Page 2 | Fail to Change Address/ Name on Driver's License
Compliance for an expired-driver's-license citation must meet the stated deadline of 20 working days after the offense or the court appearance date, whichever is later.
The date of compliance may not be more than 20 working days after the date of offense or by the court appearance date, whichever is later.
Criminal cases
Page 2 | Expired Driver's License
A defendant must request a DSC by the appearance date on the citation; mailed requests are subject to the Mail Box rule.
1. Requests DSC no later than the appearance date stated on the citation. (If requested by mail, the Mail Box rule applies)
Criminal cases
Page 7 | Judicial Standing Order No. 7 — Driving Safety Course Dismissal
Before the first appearance, a clerk may accept qualifying proof of financial responsibility for dismissal.
IT IS ORDERED that any time prior to the date of the first appearance for a citation of Failure to Maintain Financial Responsibility, a Clerk may accept proof of financial responsibility for dismissal if it complies with the following requirements for acceptable proof.
Criminal cases
Page 6 | JUDICIAL STANDING ORDER NO. 6 — DISMISSAL OF FINANCIAL RESPONSIBILITY VIOLATIONS
Service and Proof of Service Rules
A copy of a transfer order must be delivered to each party or that party’s attorney of record.
a copy of the order shall be delivered to each party or their attorney of record.
Page 11 | Section 3
A written objection to a motion to retain must provide its basis to the Court and opposing party.
Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within three days od service of a motion to retain.
Page 12 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
A copy of a transfer order must be delivered to each party or their attorney of record.
In the instance that a case is transferred under Rule 4.2, 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 and/or their attorney of record.
Page 13 | 4.3 Order of Transfer
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 9 | 3.4 Provision and Cost of Copies
Constable in the precinct to hand deliver jury summons to Brewster County residents chosen at random in public places in Brewster County.
Constable in the precinct to hand deliver jury summons to Brewster County residents chosen at random in public places in Brewster County.
Page 15
Filing Fees and Waivers
Jury fees must be paid when the jury-trial request is submitted to the court.
Jury fees are to be paid at the time the request is submitted to the court.
Page 9 | 3.3 Demand for Jury
A child's diversion may not be made contingent on payment of a fee under the article.
h. the diversion of a child may not be contingent on payment of a fee under this article.
Criminal cases
Page 6 | IX. Local Youth Diversion Administrative Fee
No fee may be assessed for a child diverted under the subchapter other than the fee authorized by subsection (a).
g. except for the fee authorized under Subsection (a), a fee may not be assessed for a child diverted under this subchapter.
Criminal cases
Page 6 | IX. Local Youth Diversion Administrative Fee
The court must waive the fee if the child's parent is indigent or lacks sufficient resources or income to pay it.
b. a court shall waive the fee if the child's parent is indigent or does not have sufficient resources or income to pay the fee;
Criminal cases
Page 6 | IX. Local Youth Diversion Administrative Fee
The administrative fee may be collected only if it is a term of the diversion agreement accepted by the child's parent.
a. the fee under this article may not be collected unless specified as a term of the diversion agreement accepted by the child's parent.
Criminal cases
Page 6 | IX. Local Youth Diversion Administrative Fee
If the fee remains unpaid after the parent has an opportunity to be heard, the court must order a financially able parent to pay it to the clerk.
If the fee is not paid after giving the child's parent an opportunity to be heard, the court shall order the parent, if financially able, to pay the fee to the clerk of the court;
Criminal cases
Page 6 | IX. Local Youth Diversion Administrative Fee
A $20 fee must be paid for an expired-registration dismissal request.
2. Payment of a $20.00 fee;
Criminal cases
Page 1 | Display Expired License Plates (Registration)
A $20 fee must be paid for an expired-driver's-license dismissal request.
2. Payment of a $20.00 fee.
Criminal cases
Page 2 | Expired Driver's License
A $10 fee must be paid for a driver's-license-restriction dismissal request.
2. Payment of a $10.00 fee.
Criminal cases
Page 2 | Violation of Driver's License Restriction
A defendant requesting a DSC must pay the DSC fee.
5. Pays the DSC fee.
Criminal cases
Page 7 | Judicial Standing Order No. 7 — Driving Safety Course Dismissal
A court may assess a noncompliant party up to $1.00 for a titled document’s first page and $0.25 for each additional page to provide necessary copies.
A court may assess fees to the party who fails to comply with TCRP in order to provide necessary copies of documents to parties, up to $1.00 for a titled documents first page and $0.25 for each additional page.
Page 9 | 3.4 Provision and Cost of Copies
Jury fees are non-refundable.
Jury fees are non-refundable.
Page 9 | 3.3 Demand for Jury
A justice or municipal court clerk may collect a $50 administrative fee from a child's parent to defray diversion costs.
The clerk of a justice or municipal court may collect from a child's parent a $50 administrative fee to defray the costs of the diversion of the child's case:
Criminal cases
Page 5 | IX. Local Youth Diversion Administrative Fee
d. an order under Subsection (b) is enforceable against the parent by contempt;
d. an order under Subsection (b) is enforceable against the parent by contempt;
Criminal cases
Page 6 | IX. Local Youth Diversion Administrative Fee
The clerk must record fees collected under the article and forward the funds to the appropriate county or municipal treasurer or equivalent.
e. the clerk of the court shall keep a record of the fees collected under this article and shall forward the funds to the county treasurer, municipal treasurer, or person fulfilling the role of a county treasurer or municipal treasurer, as appropriate;
Criminal cases
Page 6 | IX. Local Youth Diversion Administrative Fee
Collected fees must be deposited in a special account used only to offset the operating costs of youth diversion programs under the subchapter.
f. the fee collected under this article shall be deposited in a special account that can be used only to offset the cost of the operations of youth diversion programs under this subchapter;
Criminal cases
Page 6 | IX. Local Youth Diversion Administrative Fee
During the period of this agreement, Parent shall I shall not pay to the clerk of the Justice Court a $50.00 administrative fee to defray the costs of this diversion.
During the period of this agreement, Parent shall I shall not pay to the clerk of the Justice Court a $50.00 administrative fee to defray the costs of this diversion.
Criminal cases
Page 11
A court may adopt rules allowing a waiver of the fee for financial hardship.
c. a court may adopt rules for the waiver of a fee for financial hardship under this article;
Criminal cases
Page 6 | IX. Local Youth Diversion Administrative Fee
Pre-Motion Conference Requirements
When practicable, a party seeking a continuance should confer with the opposing parties before filing the motion in an effort to agree to the delay.
When practicable, prior to filing a motion for continuance, the party seeking the continuance should attempt to confer with the opposing party or parties in an effort to secure an agreement to the delay.
Page 9 | 3.6 Postponing Trial and Continuances
Adjournment & Extension Requirements
A continuance request must be submitted to the court in writing at least three business days before trial or hearing, unless its grounds arose later.
Requests for continuance must be submitted to the court in writing at least three business days preceding the date of the trial or hearing, unless it may be shown that the grounds for the request arose thereafter.
Page 9 | 3.6 Postponing Trial and Continuances
A request to reset an appearance must be made at least 24 hours before the setting unless later-occurring circumstances justify the request, as determined by the presiding judge.
Attorneys or defendants may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by the presiding judge.
Page 14 | 4.7 Setting of Cases
The Court will verify a reported trial conflict and reset the case if the assignment is confirmed; if the attorney is not actually in trial, the case may proceed without further notice.
When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice.
Page 15 | 4.11 Conflicting Engagements of Attorneys
When an attorney has conflicting trials in two Brewster County courts, the Justices of the Peace confer on priority, considering jury trials, criminal cases, cases preferred by statute, and then the earliest filing date.
The Justices of the Peace will confer 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 10 | 3.7 Conflicting Engagements of Attorneys
When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice. An attorney who requests a reset under this rule is responsible for enduring the motion was granted by the presiding judge.
When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice. An attorney who requests a reset under this rule is responsible for enduring the motion was granted by the presiding judge.
Page 10 | 3.7 Conflicting Engagements of Attorneys
An attorney who requests a reset under this rule is responsible for enduring the motion was granted by the presiding judge.
An attorney who requests a reset under this rule is responsible for enduring the motion was granted by the presiding judge.
Page 15 | 4.11 Conflicting Engagements of Attorneys
After a non-adversarial hearing, the judge may extend diversion up to one year from its original start if diversion measures are determined unsuccessful.
If it is determined the diversion measures were unsuccessful, the charge may be filed for criminal prosecution, with the prosecutor's concurrence. The judge, however, may extend up to one year from the original start of the diversion after a non- adversarial hearing.
Criminal cases
Page 4 | Tier Placement. Duration and Strategy Guide Appendix B
If more time is necessary for a child to complete diversion, the diversion contract can be extended or adjusted.
If it is determined that more time is necessary for a child to successfully complete diversion, a diversion contract can be extended and/or adjusted.
Criminal cases
Page 4 | VI. Participation and Case Management
The Court may continue the hearing for up to 60 days to allow additional time to comply with the agreement.
d. continue the hearing for not more than sixty (60) days to allow additional time for compliance with the terms of the agreement.;
Criminal cases
Page 5
The Court may extend the diversion period, but not beyond one year from its initial start date.
c. extend the diversion period not to exceed one year from the initial start date;
Criminal cases
Page 5
The diversion period may be extended, but the extension may not exceed one year from the diversion’s original start date.
The diversion period is extended for the following period (not to exceed one year from the original start date of the diversion):
Criminal cases
Page 14 | Appendix F
A referral hearing continuance may be granted for an opportunity to comply with the Diversion Agreement, for no more than 60 days.
A continuance for the referral hearing (not to exceed 60 days) is granted to allow an opportunity for compliance with the terms of the Diversion Agreement.
Criminal cases
Page 14 | Appendix F
The court may grant or deny a continuance motion with or without a hearing.
Motions for continuance may be granted or denied with or without a hearing by the court.
Page 10 | 3.6 Postponing Trial and Continuances
Chambers Communication Rules
An attorney assigned to trials in two Brewster County courts on the same date must notify both courts in writing as soon as the conflict becomes apparent.
An attorney assigned to a trial in two separate courts in Brewster County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
Page 10 | 3.7 Conflicting Engagements of Attorneys
An attorney who is or will be in trial in another court must notify the Justice Court in writing as soon as the conflict becomes apparent.
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 conflicting case being tried.
Page 10 | 3.7 Conflicting Engagements of Attorneys
The child and parent must contact the Justice Court’s Youth Diversion Coordinator when requested and at the end of the diversion period to discuss completion status.
Child and Parent agree to contact the Youth Diversion Coordinator of the Justice Court, as requested and at the end of the diversion period to discuss the status of completion of this agreement.
Criminal cases
Page 10 | Appendix D — Youth Diversion Agreement
During the diversion agreement, the child and parent must give the Justice Court a mailing address for notices, report address changes, and provide a phone number and email address.
During the period of this agreement, Child and Parent shall inform the Justice Court of the best mailing address to receive notices, and of changes to that address. Child and Parent shall also provide a phone number and email address to the Court.
Criminal cases
Page 10 | Appendix D — Youth Diversion Agreement
If applicable, the notice asks the recipient to contact the Court with the name and address of a person who may assist the child or the court.
If applicable, please contact the Court and provide the name and address of such person.
Criminal cases
Page 16 | Appendix G — Referral to Court for Hearing Noncompliance with Diversion Agreement