Burnet County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Postponement requests must be submitted in writing at least three business days before trial or hearing unless the grounds arose later; the court may grant or deny the motion with or without a hearing.
- Attorneys or defendants may request a reset at least 24 hours before the setting, unless the circumstances justifying the request arise later.
- A hearing reset request must be made in writing and submitted within 24 hours of the scheduled hearing, unless a situation prevents timely submission.
Document Format Requirements3 rules
A party requesting a civil jury trial shall file a written request, with the Court in which the case is filed, not later than the 14th day before trial.
- Jury trial request
Formatting
- •The request must be written
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.
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 Requirements11 rules
An Order transferring the case shall identify the Court to which the case is being transferred
Each draft order must have a heading showing the cause number, case style, and court in which 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.
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.
An attorney of record may withdraw from representation of a party only upon written motion for good cause shown.
- Document
- Withdrawal motion
Include
- •Written motion for good cause shown
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.
If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.
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.
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 rule on the motion with or without a hearing; parties wanting to provide oral argument shall request a hearing in their motion or objection.
Filing & Service rules
Electronic Filing Rules
The Justice Courts provide e-filing services for civil cases.
Burnet County Justices of the Peace Courts provide e-filing services
Page 6 | 2.2 E-Filing
Filing Timing and Cure Windows
A party requesting a civil jury trial must file a written request with the court at least 14 days before trial.
A party requesting a civil jury trial shall file a written request, with the Court in which the case is filed, not later than the 14th day before trial.
Page 6 | 2.4 Demand for Jury
In non-jury cases, exceptions, motions, and pleas must be filed three days before the scheduled trial.
For non-jury cases all exceptions, motions and pleas must be filed three days before the scheduled trial before the court.
Page 8 | 2.9 Matters Preliminary to Trial on the Merits
An objection to a motion to retain must state its basis in writing within 3 days after service.
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 | 2.12.3 Procedures for Retaining Cases and Objecting to Motions to Retain
A motion to retain must be filed at least 10 business days before the dismissal date stated 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 | 2.12.3 Procedures for Retaining Cases and Objecting to Motions to Retain
A party has 10 days from the date of notice to file a motion objecting to a mediation referral.
Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral.
Page 10 | 2.14 Mediation
Requests for a language interpreter or disability-related special assistance must be made when the plea is entered.
Requests for language interpreter or special assistance for persons with disabilities shall be made at the time a plea is entered.
Page 12 | 3.4 First Appearance
Pretrial motions must be filed at least 21 days before any pretrial hearing.
Pretrial motions must be filed with the Court 21 days prior to any pretrial hearing.
Page 13 | 3.9.3 Pretrial Motions
A date in the 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 | 2.15 Holidays and Other Temporary Closures
Service and Proof of Service Rules
Parties in Justice Court suits must provide enough copies of petitions and accompanying filed 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 | 2.5 Provision and Costs of Copies
A copy of a transfer order must be delivered to each party or the party’s attorney of record.
a copy of the Order shall be delivered to each party or their attorney of record.
Page 8 | 2.11 Assignment and Transfer of Cases
If no substitute attorney is proposed, the withdrawal 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.
Page 12 | 3.6 Withdrawal or Substitution of Counsel
The court clerk mails 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 15 | 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)
Self-represented litigants must provide other parties notice of filings as outlined in Texas Rule of Civil Procedure 501.4.
This includes, but is not limited to, providing notice of filings to other parties in your case as outlined in Rule 501.4 of the Texas Rules of Civil Procedure.
Page 17 | 6.3 Self-Represented/Pro Se Litigants
Self-represented litigants must provide contact information where Court personnel and opposing counsel can reach them.
Self-represented litigants are required to provide address, email, and telephone numbers at which they can be reached by Court personnel and opposing counsel.
Page 19 | 6.3 Self-Represented/Pro Se Litigants
The Court will provide pretrial motions to the county attorney.
The Court will provide the motions to the county attorney.
Page 13 | 3.9.3 Pretrial Motions
A self-represented litigant’s failure to accept delivery or pick up mail at the provided address counts as constructive receipt; comparable proof of delivery may establish it.
Failure to accept delivery or to pick up mail addressed to the address provided by a self-represented litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delivery.
Page 19 | 6.3 Self-Represented/Pro Se Litigants
Juror summonses are generally mailed, but under short time restrictions the court may arrange hand delivery through the precinct constable’s office.
In most instances, Juror Summonses are sent to individuals by regular mail via the U.S. Postal Service. In some instances, when jury requests are made and the court is under short time restrictions, it may provide the Burnet County Constable’s office in the precinct in which the trial is to be held with Juror Summonses for hand delivery to individuals chosen at random from public places in the county, who are confirmed to reside in Burnet County.
Page 5 | 1.6 Jury Selection
Filing Fees and Waivers
The jury fee must be paid when the request is filed, is nonrefundable, and the request may not be withdrawn without all parties’ approval.
The jury fee shall be paid upon filing the request. Once the demand is made and the fee paid, the request cannot be withdrawn without approval of all parties. Jury fees are not refundable.
Page 6 | 2.4 Demand for Jury
A proper request for a tow hearing must be filed with the applicable filing fees to trigger a hearing.
A proper request filed under this section with the applicable filing fees will trigger a hearing.
Page 15 | 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)
The Court may assess fees against a party who fails to comply with the TRCP to provide necessary copies to 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 | 2.5 Provision and Costs of Copies
Pre-Motion Conference Requirements
When practicable, a party seeking a continuance should attempt to confer with the opposing parties before filing to seek agreement to the delay.
When practicable, prior to filing a motion for postponement (continuance), the party seeking a postponement 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 | 2.7 Postponing Trial/Continuances
Adjournment & Extension Requirements
Postponement requests must be submitted in writing at least three business days before trial or hearing unless the grounds arose later; the court may grant or deny the motion with or without a hearing.
Requests for postponements 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 may be granted or denied with or without a hearing by the court.
Page 7 | 2.7 Postponing Trial/Continuances
Attorneys or defendants may request a reset at least 24 hours before the setting, unless the circumstances justifying the request 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 13
Pretrial hearings remain set for their scheduled day unless the Court grants a written continuance motion by the State or Defense.
All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 14 | 3.9.3 Pretrial Motions
A hearing reset request must be made in writing and submitted within 24 hours of the scheduled hearing, unless 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 15 | 4.1 Driver’s License Suspension and Revocation Hearings
When told an attorney is in trial, the Court will verify the assignment and place the case on hold or reset depending on the circumstances.
When informed that an attorney is in trial, the Court will verify the assignment. The case will be place on “hold” or reset, depending upon the circumstances.
Page 13 | 3.9.1 Conflicting Engagements of Attorneys
Chambers Communication Rules
An attorney assigned to trial in two Burnet County Justice Courts on the same date must promptly inform both courts of the conflict in writing.
Attorneys assigned to trial in two Justice Courts in Burnet County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
Page 7 | 2.8 Conflicting Engagements of Attorneys
An attorney who is in or scheduled for trial in another court must promptly notify the Justice Court in writing when the conflict becomes apparent, identifying the case number and the other 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 7 | 2.8 Conflicting Engagements of Attorneys
Counsel must direct objections, arguments, and other comments to the Judge or jury, not opposing counsel or parties.
All objections, arguments and other comments by counsel shall be directed to the Judge or jury and not to opposing counsel or parties.
Page 16 | 6.2 Attorneys
Attorneys should observe ethical canons concerning media discussions 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 16 | 6.2 Attorneys
Attorneys should obtain leave before approaching the bench and must never lean on it.
Attorneys should not approach the bench without leave of the court and must never lean on the bench.
Page 16 | 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
Contact the applicable Justice of the Peace Court to learn its rules about reset allowances for particular case types.
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 is specific rules.
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