Burnet County Justice of the Peace Courts Document Filing Requirements

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 in which 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

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

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

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

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

Withdrawal motion

If no substitute attorney is proposed, the withdrawal motion must 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

When substitute counsel is proposed, the withdrawal motion must provide the substitute 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.

WARNING

Applies to

Draft judgment or order

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

Filed document

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

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

Motion or objection

A party seeking oral argument must request a hearing in its motion or objection; the Court may rule with or without a hearing.

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.