Caldwell County Justice of the Peace Courts Filing Timing and Cure Windows

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

10 working days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

A defendant must object to the transfer in writing within 10 days.

The defendant has 10 days to object in writing to the transfer.

CRITICAL

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.

WARNING

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