Brewster County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Draft order or judgment

Must include

caption, case number

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.

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.

CRITICALCriminal cases

Applies to

Dsc request

A defendant requesting a DSC must file a signed affidavit complying with the stated statutory eligibility requirements.

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;

CRITICALCriminal cases

Applies to

Proof of financial responsibility

The insurance policy submitted as proof must satisfy the order's owner-or-operator policy, insurer authorization, named-insured, and minimum-coverage requirements.

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).

CRITICALCriminal cases

Applies to

Dsc completion proof

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.

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.

CRITICAL

Applies to

Substitution notification

Before the case continues, the court must receive written notice of counsel substitution identifying the original attorney, substitute attorney, and defendant.

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.

CRITICAL

Applies to

Civil jury demand

A civil jury demand must be filed as written notice to the court.

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.

CRITICAL

Applies to

Transfer order

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

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

CRITICALCriminal cases

Applies to

Dsc request

A defendant requesting a DSC must provide proof of financial responsibility that is valid and in force on the request date.

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;

CRITICALCriminal cases

Applies to

Dsc request

A defendant requesting a DSC must present a valid Texas driver’s license or permit.

4. Presents a valid Texas Driver's License or permit;

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

Transfer order

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

An order transferring the case shall identify the court to which the case is being transferred

CRITICALCriminal cases

Applies to

Driving safety course completion certificate

If a uniform DSC completion certificate shows the course was completed after the citation but before the court granted the DSC, the clerk must accept it and process the case as ordered.

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.

CRITICALCriminal cases

Applies to

Deferred disposition request

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 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.

CRITICALCriminal cases

Applies to

Proof of financial responsibility

Proof of financial responsibility must be verified before dismissal unless the Court directs otherwise.

All proof of financial responsibility shall be verified prior to dismissal, unless directed otherwise by the Court.

CRITICALCriminal cases

Applies to

Dismissal request

A request to dismiss a failure-to-maintain-financial-responsibility citation must provide a copy of the vehicle's liability insurance policy in force at the time of the offense.

A copy of the motor vehicle liability insurance policy covering the vehicle in force at the time of the offense

CRITICALCriminal cases

Applies to

Youth diversion agreement

A youth diversion agreement must include written consent from both the child and the parent.

requires written consent from both the child and the parent in a written diversion agreement.

CRITICALCriminal cases

Applies to

Proof of financial responsibility

Acceptable proof includes a policy covering the vehicle at the time of the offense or an insurance binder confirming compliance with Chapter 601.

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.

CRITICALCriminal cases

Applies to

Deferred disposition request

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".

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".

CRITICALCriminal cases

Applies to

Proof of financial responsibility

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.

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).

CRITICALCriminal cases

Applies to

Dismissal request

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.

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

CRITICALCriminal cases

Applies to

Diversion agreement

The written, binding Diversion Agreement must meet the stated objectives and contain the required information, explanations, length, signatures, consent, and termination notice.

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.

CRITICALCriminal cases

Applies to

Dismissal request

A dismissal request for failure to change a driver's-license address or name must include a valid Texas license showing the correction.

1. Proof of a valid Texas driver's license that indicates the address or name of the defendant has been corrected; and

CRITICALCriminal cases

Applies to

Dismissal request

An expired-driver's-license dismissal request must include the DPS temporary license showing renewal and its date.

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

WARNING

Applies to

Motion or objection

A party seeking oral argument must request it in the motion or objection.

If either party wishes to provide oral arguments they must request so in their motion or objection.

WARNINGCriminal cases

Applies to

Proof of financial responsibility

Premium notices, payment receipts, and handwritten documents cannot be submitted as acceptable proof of financial responsibility.

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

WARNING

Applies to

Continuance motion

Continuance motions must follow applicable legal notice and pleading requirements.

The notice and pleading requirement of law must be followed.

WARNING

Applies to

Draft order or judgment

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

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.

WARNINGCriminal cases

Applies to

Proof of financial responsibility

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

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

WARNING

A party requesting file-stamped copies returned by mail must include a self-addressed, postage-paid envelope with the original filing.

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.

WARNINGCriminal cases

Applies to

Proof of financial responsibility

A clerk may accept a fleet policy for dismissal if the defendant presents qualifying proof and evidence of authorization to drive the covered vehicle.

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

INFOCriminal cases

Applies to

Proof of financial responsibility

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

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