Caldwell County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Motion to withdraw as attorney

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.

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.

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

Jury waiver

A jury waiver at docket call must be written and signed by counsel and/or the defendant.

If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.

CRITICAL

Applies to

Motion to retain

A motion to retain must state in writing the factual and legal bases for retaining the case.

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.

WARNING

Applies to

Judgment or order

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.

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.

WARNING

Once a civil jury demand is made and the fee is paid or the inability statement is filed, it cannot be withdrawn without written approval from both parties.

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.

WARNING

Once an eviction jury demand is made and the fee is paid, it cannot be withdrawn without written approval from both parties.

Once the demand is made and the fee paid, the request cannot be withdrawn without written approval of both parties.

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.