Clay County Justice of the Peace Court Document Filing Requirements

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

Jury trial request

A party seeking a civil jury trial must file a written request no later than 14 days before the scheduled trial date.

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.

CRITICALCivil cases

Applies to

Proposed order

For an unopposed continuance motion, the proposed order must use the Court’s Notice of Agreed Setting form and be signed by the plaintiff or their attorney if represented, and the defendant or their attorney if represented.

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).

CRITICALCivil cases

Applies to

Motion for continuance

Must include

proposed order, certificate of conference

Every civil continuance motion must include a certificate of conference stating whether it is opposed or unopposed and a proposed order.

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.

CRITICAL

Applies to

Motion or objection

A party seeking oral argument must request it in its motion or objection.

If either party wishes to provide oral arguments, they must request so in their motion or objection.

CRITICAL

Applies to

Draft order or judgment

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.

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.

CRITICAL

Applies to

Written trial conflict notice

An attorney who is or will be in trial in another court must promptly inform the Justice Court in writing when the conflict becomes apparent, identifying the conflicting case’s cause number and court.

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.

CRITICALCriminal cases

Applies to

Motion for continuance

Additional continuance motions must include a NOTICE OF AGREED SETTING signed by the State's attorney and the defendant or, if represented, the defendant's attorney.

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).

CRITICAL

Applies to

Written trial conflict notice

An attorney assigned to trial in two Clay County courts on the same date must inform both courts in writing as soon as the conflict becomes apparent.

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.

CRITICAL

Applies to

Written substitution notification

Before the case continues, the court must receive written notice of a counsel substitution identifying the original attorney, substitute attorney, and defendant.

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.

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

Transfer order

A transfer order must identify the court receiving the case.

An order transferring the case shall identify the court to which the case is being transferred

WARNING

Applies to

Document filed for return by mail

A party who wants file-stamped copies returned by mail must include a self-addressed, postage-paid envelope with the original filing.

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.

WARNING

Applies to

Draft order or judgment

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

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.