Caldwell County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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 no later than 14 days before the date a case is set for trial.
- Jury demand
Formatting
- •The jury request must be written
A party requesting an eviction jury trial shall file a written request with the court in which the case is filed at least 3 days before the date a case is set for trial.
- Jury demand
Formatting
- •The eviction jury 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
Document Filing Requirements8 rules
Any party who file a motion to retain shall state in writing the factual and legal bases why the case should not be dismissed for want of prosecution.
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.
Except for the stated Rules 8 and 10 exceptions, a motion to withdraw may be granted without a hearing only if the required attorney consents, client consent or an explanatory statement, and a certificate of the client’s last known mailing address are filed; otherwise, a withdrawal or substitution motion must be heard after notice to the client and all other parties.
Court's wording
Except as provided in Rules 8 and 10, Texas Rules of Civil Procedure, a motion to withdraw will be granted without a hearing only if the moving attorney: (a) Files written consents to the withdrawal signed by attorneys for all parties; and (b) Files a written consent to the withdrawal signed by the client, or includes in the motion a specific statement of the circumstances that justify the withdrawal and the circumstances that prevent the moving attorney from obtaining the client's written consent; and (c) Files a certificate stating the last known mailing address of the client. If all requirements above are not satisfied, a motion to withdraw or to substitute another attorney must be presented at a hearing after notice to the client and to all other parties.
If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.
Once the demand is made and the fee paid or a Statement of Inability to Afford Payment of Court Cost, the request cannot be withdrawn without written approval of both parties.
Once the demand is made and the fee paid, the request cannot be withdrawn without written approval of both parties.
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 word " entered" should not be used in the line provided i m me d i a te 1y above the judge's signature to show the date on which a judgment or order is signed.
Filing & Service rules
Filing Timing and Cure Windows
A party receiving notice of a mediation referral must file any objection motion within 10 days of the notice.
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 4 | 2.2 Mediation
An eviction jury demand is due at least 3 days before trial; an untimely demand waives the right to a jury.
A party requesting an eviction jury trial shall file a written request with the court in which the case is filed at least 3 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived.
Page 5 | 2.4 Demand for Jury
A civil jury demand is due at least 14 days before trial; an untimely demand waives a jury unless the judge excuses the late filing for good cause.
A party requesting a civil jury trial shall file a written request with the court in which the case is filed no later than 14 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived unless the late filing is excused by the judge for good cause.
Page 5 | 2.4 Demand for Jury
In non-jury cases, all 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 6 | 2.8 Matters Preliminary to Trial on the Merits
A motion to retain must be filed at least 10 working days before the date specified in the dismissal notice.
Motions to retain shall be filed with the Court at least 10 working days prior to the date specified in the notice of dismissal for want of prosecution.
Page 7 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
An objection to a motion to retain must state its basis in writing within 3 days after service of the motion.
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 8 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
Pretrial motions must be filed 21 days before the hearing.
Pretrial motions must be filed and served on the County Attorney 21 days prior to any such hearing.
Page 10 | Chapter 3 — Criminal Cases, 3.3 Setting Cases
A defendant must object to the transfer in writing within 10 days.
The defendant has 10 days to object in writing to the transfer.
Page 16 | 5.2. Criminal Cases.
Continuance motions should be filed no later than Thursday of the week preceding trial.
Motions for Continuance should be filed not later than Thursday of the week preceding trial
Page 5 | 2.6 Continuances
If a date mentioned in these rules falls on a court holiday, the applicable date is the first date after the holiday.
When any date mentioned in these rules falls on a court holiday then the applicable date shall be the first date following the holiday.
Page 9 | 2.13 Holidays
Service and Proof of Service Rules
A movant must deliver each pleading to opposing parties and the court as to manner and timing required by the Texas Rules of Civil Procedure.
A movant shall deliver a copy of each pleading to any opposing party and to the court in the manner and within the time provided by the Texas Rules of Civil Procedure.
Page 6 | 2.8 Matters Preliminary to Trial on the Merits
Pretrial motions must be served on the County Attorney 21 days before the hearing.
Pretrial motions must be filed and served on the County Attorney 21 days prior to any such hearing.
Page 10 | Chapter 3 — Criminal Cases, 3.3 Setting Cases
A motion to withdraw may be heard after the defendant receives notice to appear or agrees in writing; certified mail with return receipt requested is adequate notice.
An attorney's motion to withdraw will be heard at any time when the defendant has had notice to appear or whenever the defendant agrees in writing. Adequate notice is by certified mail, return receipt requested.
Page 11 | 3.6 Motions to Withdraw or Substitute
Filing Fees and Waivers
When filing a civil jury demand, the requester must pay the jury fee or file a Statement of Inability to Afford Payment of Court Cost.
The jury fee shall be paid or a Statement of Inability to Afford Payment of Court Cost shall be filed upon filing the request.
Page 5 | 2.4 Demand for Jury
When filing an eviction jury demand, the requester must pay the jury fee or file a Statement of Inability to Afford Payment of Court Costs.
The jury fee shall be paid or the Statement of Inability to Afford Payment of Court Costs shall be filed upon filing the request.
Page 5 | 2.4 Demand for Jury
Eviction jury fees are nonrefundable.
Jury fees are nonrefundable.
Page 5 | 2.4 Demand for Jury
Civil jury fees are non-refundable.
Jury fees are non-refundable.
Page 5 | 2.4 Demand for Jury
Pre-Motion Conference Requirements
In jury cases, motions in limine, exceptions, pretrial motions, and pleas must be presented and heard at the pretrial hearing or they are waived absent good cause; continuance motions based on new circumstances are excepted.
Except for motions for continuance based on new circumstances, all motions in limine, exceptions and all pre-trial motions and pleas in each jury case shall be presented and heard at pre-trial hearing. All such exceptions, motions, and pleas not presented and heard at scheduled pre-trial hearings will be deemed waived, except upon a showing of good cause.
Page 6 | 2.8 Matters Preliminary to Trial on the Merits
Adjournment & Extension Requirements
Pretrial hearings remain scheduled for the day set unless a written State or Defense motion for continuance is granted.
All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 10 | Chapter 3 — Criminal Cases, 3.3 Setting Cases
Cases must proceed when set unless the court grants a written motion for continuance.
All cases shall be tried when set unless a written State or Defense motion for continuance is granted.
Page 11 | Trial before the Court (TBC)
At a scheduled jury setting, the State and Defense must announce ready or file a written motion for continuance.
State and Defense must either announce ready or file a written motion for continuance.
Page 11 | Jury Trial
Motions for Continuance should be filed not later than Thursday of the week preceding trial and will be heard at the discretion of the court. The notice and pleading requirements of law must be followed. Continuances may not be heard thereafter unless they allege grounds which arose only after that time.
Motions for Continuance should be filed not later than Thursday of the week preceding trial and will be heard at the discretion of the court. The notice and pleading requirements of law must be followed. Continuances may not be heard thereafter unless they allege grounds which arose only after that time.
Page 5 | 2.6 Continuances
Chambers Communication Rules
If more than two cases will be presented at the uncontested docket, the clerk should be informed of each case’s cause number and style at least 24 hours in advance.
If more than two cases will be presented at the uncontested docket, please inform the clerk of the cause number and style of each case at least 24 hours in advance.
Page 6 | 2.7 Uncontested Docket
The parties must arrange in advance with the court clerk to have the files pulled and available for the court.
The parties are responsible for arranging in advance with the court's clerk to have the files pulled and available for the court.
Page 6 | 2.7 Uncontested Docket
Attorneys should follow ethical rules concerning discussion of cases with the media and improper ex parte communications with the Judge.
(a) 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 14 | 4.4 Attorneys