Clay County Justice of the Peace Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Except in an emergency, a continuance motion must be written, explain why postponement is necessary, and be filed at least three business days before the current setting, excluding the setting day.
- A continuance request must be submitted in writing at least three business days before trial or hearing, unless its grounds arose later, and applicable notice and pleading requirements must be followed.
- Attorneys or defendants may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by the presiding judge.
Document Format Requirements2 rules
Except in an emergency, a continuance motion must be submitted in writing.
- Motion for continuance
Formatting
- •The motion must be in writing, except in the case of emergency
Court's wording
Except in the case of emergency, a motion for continuance in a civil case shall be in writing, state why the postponement is necessary, and shall be filed with the Court at least three (3) business days preceding the date of the current setting, exclusive of the current setting day.
A draft of an order or judgement shall have its own page and not typed on the same page as a pleading, motion, certificate of service, or any part thereof.
Document Filing Requirements14 rules
If the motion is unopposed, the proposed order shall be provided upon the Court’s NOTICE OF AGREED SETTING form, which shall be signed by the Plaintiff (or their attorney if represented) and the defendant (of their attorney if represented).
All motions for a continuance in a civil case shall contain a CERTIFICATE OF CONFERENCE which states whether the motion is opposed or unopposed and a proposed order.
- Document
- Motion for continuance
Must include
- •Proposed order
- •Certificate of conference
additional requests for continuances must be requested by motion and accompanied by a NOTICE OF AGREED SETTING which shall be signed by the attorney for the State and by the defendant (or attorney for the defendant if represented).
- Document
- Motion for continuance
Must include
- •NOTICE OF AGREED SETTING
A party requesting a civil jury trial shall file a written request to the court no later than 14 days before the date a case is set for trial.
An order transferring the case shall identify the court to which the case is being transferred
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.
If either party wishes to provide oral arguments, they must request so in their motion or objection.
Each draft shall have a proper heading including the cause number, the style of the case, and the court in which the case is pending.
If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.
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 cause number and the court in which the conflicting case is being tried.
Before the case continues, the court must receive written notice of a counsel substitution identifying the original attorney, substitute attorney, and defendant.
Court's wording
If an attorney is to be substituted as an attorney for the party, the court must receive written notification of the substitution prior to continuing with the case. The notification shall include the original attorney’s information, the substitute attorney’s information, and the defendant’s information for whom the substitution is occurring.
An attorney be assigned to trial in two separate courts in Clay County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
A party desiring to have file-stamped copies of any document returned to them by mail, shall include with the original document to be filed a self-addressed, postage-paid envelope for the court’s return.
As far as practicable, every draft of an order or judgment to be signed by a judge should be approved as to form by attorneys for all parties prior to being presented to the judge.
Filing & Service rules
Filing Timing and Cure Windows
A party has 10 days from notice of a mediation referral to file an objection motion.
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 9 | 3.1(A) Mediation
The written jury-trial request is due at least 14 days before the case is set for trial.
A party requesting a civil jury trial shall file a written request to the court no later than 14 days before the date a case is set for trial.
Page 9 | 3.3 Demand for Jury Trial
A motion to retain must be filed at least 10 business days before the specified dismissal date.
Motions to retain shall be filed with the Court at least 10 business days prior to the date specified for the dismissal for want of prosecution.
Page 12 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
An objection to a motion to retain must state its basis in writing and be provided to the Court and opposing party within 3 days after service of the motion.
Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Page 12 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
Pretrial motions must be filed with the court 21 days before any pretrial hearing.
Pretrial motions must be filed with the court 21 days prior to any pretrial hearing.
Page 14 | 4.7 Setting of Cases
Pretrial motions must be filed 21 days before any pretrial hearing.
Pretrial motions must be filed and served on the County Attorney twenty-one (21) days prior to any pretrial hearing.
Page 15 | 4.7 (A) Pretrial
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 (TCRP), 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 10 | 3.4 Provision and Cost 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 11 | 3.8 Assignment and Transfer of Cases
An objecting party must provide the written objection basis to both the Court and the opposing party.
Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Page 12 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
Pretrial motions must be served on the County Attorney 21 days before any pretrial hearing.
Pretrial motions must be filed and served on the County Attorney twenty-one (21) days prior to any pretrial hearing.
Page 15 | 4.7 (A) Pretrial
The court will provide the pretrial motions to the district attorney.
The court will provide the motions to the district attorney.
Page 14 | 4.7 Setting of Cases
Filing Fees and Waivers
Jury fees must be paid when the request is submitted, and the fees are nonrefundable.
Jury fees are to be paid at the time the request is submitted to the court. Jury fees are nonrefundable.
Page 9 | 3.3 Demand for Jury Trial
The court may charge a noncompliant party for necessary copies, including up to $1.00 for the first page of a titled document and $0.25 for each additional page.
A Court may assess fees to the party who fails to comply with TCRP in order to provide necessary copies of documents to parties. Fees may include up to $1.00 for a titled documents first page and $0.25 for each additional page of the document.
Page 10 | 3.4 Provision and Cost of Copies
Pre-Motion Conference Requirements
When practicable, a party seeking a continuance should try to reach agreement with the opposing parties before filing the motion.
When practicable, prior to filing a motion for continuance, the party seeking a continuance 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 10 | 3.6 Postponing Trial / Continuances
Adjournment & Extension Requirements
A continuance motion that does not comply with the Order will not be considered.
No motion for continuance will be considered which does not comply with this Order.
Civil cases
Page 1 | Standing Order Regarding Request for Continuance of Civil Case
Except in an emergency, a continuance motion must be written, explain why postponement is necessary, and be filed at least three business days before the current setting, excluding the setting day.
Except in the case of emergency, a motion for continuance in a civil case shall be in writing, state why the postponement is necessary, and shall be filed with the Court at least three (3) business days preceding the date of the current setting, exclusive of the current setting day.
Civil cases
Page 1 | Standing Order Regarding Request for Continuance of Civil Case
After the first two continuance requests, any additional request must be made by motion, accompanied by a NOTICE OF AGREED SETTING signed by the State's attorney and the defendant or defense attorney, the Court must be consulted before setting the reset, and the request must be received at least 10 business days before the current setting.
After the two (2) requests referenced in item #3, additional requests for continuances must be requested by motion and accompanied by a NOTICE OF AGREED SETTING which shall be signed by the attorney for the State and by the defendant (or attorney for the defendant if represented). The Court shall be consulted prior to entering a date and time for the reset. These requests must be received by the Court at least 10 business days prior to the date of the current setting.
Criminal cases
Page 1 | STANDING ORDER REGARDING DOCKETING OR CONTINUANCE OF A CRIMINAL CASE
A defendant may make up to two continuance motions combined for hearings and trials, and each continuance must be for good cause as determined by the Court.
Defendant will be allowed up to two (2) motions for continuance for hearings and/or trials, combined. Continuances must be for good cause as determined by the Court.
Criminal cases
Page 1 | STANDING ORDER REGARDING DOCKETING OR CONTINUANCE OF A CRIMINAL CASE
A continuance motion that does not comply with the Order will not be considered.
No motion for continuance will be considered which does not comply with this Order.
Criminal cases
Page 1 | STANDING ORDER REGARDING DOCKETING OR CONTINUANCE OF A CRIMINAL CASE
For an opposed continuance motion, the moving party must state the expected hearing or trial length, confirm that it conferred with the opposing party about available dates, and suggest hearing dates and times.
If a motion for continuance is opposed, the party filing the motion shall state: a. The expected length of time necessary for a hearing or trial. b. That the party has conferred with the opposing party concerning available dates. c. Suggested hearing dates and times.
Criminal cases
Page 1 | STANDING ORDER REGARDING DOCKETING OR CONTINUANCE OF A CRIMINAL CASE
A continuance request must be submitted in writing at least three business days before trial or hearing, unless its grounds arose later, and applicable notice and pleading requirements must be followed.
Requests for continuance must be submitted to the court in writing at least three business days preceding the date of the trial or hearing, unless it may be shown that the grounds for the request arose thereafter. The notice and pleading requirement of law must be followed.
Page 10 | 3.6 Postponing Trial / Continuances
Attorneys or defendants may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by the presiding judge.
Attorneys or defendants may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by the presiding judge.
Page 14 | 4.7 Setting of Cases
Cases must be tried as scheduled unless a written State or Defense continuance motion is granted or the judge resets the case within the court’s discretion.
All cases shall be tried when set unless a written State or Defense motion for continuance is granted, or the judge resets for any reason within the court’s discretion.
Page 14 | 4.7 Setting of Cases
At a scheduled jury setting, the State and Defense must either announce ready or file a written motion for continuance.
State and Defense must either announce ready or file a written motion for continuance.
Page 14 | 4.7 Setting of Cases
Pretrial hearings remain set for their scheduled day unless the court grants a written State or Defense motion for continuance.
All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 14 | 4.7 Setting of Cases
An attorney requesting a reset under the conflicting-engagement rule must ensure the presiding judge granted the motion.
An attorney who requests a reset under this rule is responsible for ensuring the motion was granted by the presiding judge.
Page 16 | 4.11 Conflicting Engagements of Attorneys
The Court verifies a reported trial assignment and resets the case if confirmed; if the attorney is not actually in trial as represented, the case may be tried without further notice.
When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice.
Page 15 | 4.11 Conflicting Engagements of Attorneys
The Order does not limit the Court’s discretion to require a hearing or trial on an uncontested or agreed matter presented for approval.
This Order shall not be interpreted to restrict the discretion of the Court in any respect regarding whether to require a hearing or trial on any uncontested or agreed matter presented to the Court for approval.
Civil cases
Page 1 | Standing Order Regarding Request for Continuance of Civil Case
The court may grant or deny a continuance motion with or without holding a hearing.
Motions for continuance may be granted or denied with or without a hearing by the court.
Page 10 | 3.6 Postponing Trial / Continuances
A continuance should be filed at least the week before trial.
A continuance should be filed at least the week prior to trial.
Page 14 | 4.7 Setting of Cases
Chambers Communication Rules
The Court must be consulted before a reset date and time is entered.
The Court shall be consulted prior to entering a date and time for the reset.
Civil cases
Page 1 | Standing Order Regarding Request for Continuance of Civil Case
An attorney with an actual or scheduled trial conflict must promptly notify the Justice Court in writing with the conflicting case number and court; the court verifies the assignment and resets the case upon confirmation, while an attorney seeking a reset must ensure the motion was granted.
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 cause number and the court in which the conflicting case is being tried. When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice. An attorney who requests a reset under this rule is responsible for ensuring the motion was granted by the presiding judge.
Page 10 | 3.7 Conflicting Engagements of Attorneys
An attorney assigned to trial in two Clay County courts on the same date must promptly notify both courts of the conflict in writing.
An attorney assigned to trial in two separate courts in Clay County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
Page 10 | 3.7 Conflicting Engagements of Attorneys
Attorneys should not approach the bench without court permission and must never lean on it.
Attorneys should not approach the bench without leave of court and must never lean on the bench.
Page 7 | 2.1(A) Attorneys Rules of Conduct
Attorneys should follow ethical canons, including those concerning 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 7 | 2.1(A) Attorneys Rules of Conduct
Attorneys should anticipate equipment or furniture needs and make advance arrangements with the Court.
Attorneys should anticipate any need to move furniture, appliances, or easels, and should make advance arrangements with the Court.
Page 8 | 2.1(A) Attorneys Rules of Conduct
Tables should not be moved during court sessions, unless approved by the Court.
Tables should not be moved during court sessions, unless approved by the Court.
Page 8 | 2.1(A) Attorneys Rules of Conduct