Collin County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A motion to continue a jury trial must be filed at least 7 days before the trial setting.
Communication
Phone
Document Format Requirements1 rule
A person wishing to be authorized by written order of the Court to serve citations and other notices may file a written affidavit in application for authorization on a form supplied by the Court or a similar suitable application.
Document Filing Requirements5 rules
A party requesting a civil jury trial shall file a written request with the Court in which the case is filed not later than the 14th day before trial.
(b) 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.
(a) Any party who files a motion to retain shall state in writing the factual and legal bases why the case should not be dismissed for want of prosecution.
Except as provided by Texas Rules of Civil Procedure 8 and 10, a motion to withdraw may be granted without a hearing only if the attorney files the required party consents, client consent or specified explanation, and a certificate of the client’s last known mailing address.
Court's wording
Except as provided in Rules 8 and 10 of the 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 the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.
Filing & Service rules
Electronic Filing Rules
Apartment complexes with more than 50 units must electronically file eviction petitions.
Apartment complexes with more than 50 units are required to electronically file eviction petitions.
Page 4 | 2.1.1 Eviction Cases
Filing Timing and Cure Windows
Due dates and appearance dates affected by a weather closure are extended to the next date the Courts are open.
Due dates or appearance dates will be extended to the next date the Courts are opened.
Page 3 | 1.9 Court Closure Due to Inclement Weather
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
A civil jury-trial request must be filed no later than the 14th day before trial.
A party requesting a civil jury trial shall file a written request with the Court in which the case is filed not later than the 14th day before trial.
Page 4 | 2.5 Demand for Jury
An objection to a motion to retain must state its basis in writing within three days after service of the motion.
(b) 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 5 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
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 5 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
In non-jury cases, 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 5 | 2.8 Matters Preliminary to Trial on the Merits
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 7 | 3.3(b) Pretrial Motions
The defendant has 10 days to object in writing to the transfer.
The defendant has 10 days to object in writing to the transfer.
Page 11 | 5.2 Criminal Cases
If a date specified 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 6 | 2.12 Holidays
Service and Proof of Service Rules
The person verifying a return of service must file an affidavit stating that they are not a party to and have no interest in the suit, either before or with the return; the affidavit may be included in the verified return.
Prior to, or in conjunction with the filing of return of service in any suit, the person verifying the return shall also file an affidavit that he or she is not a party to and has no interest in said suit. The affidavit may be part of the verified re- turn required by Rule 501.3 of the Texas Rules of Civil Procedure.
Page 6 | 2.13 Authorization to Serve Citation (Rule 501.2)
A motion to withdraw may be heard if the defendant has notice to appear or agrees in writing; adequate notice is sent by certified mail, return receipt requested.
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 8 | 3.6 Motions to Withdraw or Substitute
Self-represented litigants must provide notice of filings to the other parties as required by Texas Rule of Civil Procedure 501.4.
You must read and follow the Local Rules and Texas Rules of Civil Procedure, Part V, Rules of Practice in Justice Courts. This includes, but is not limited to, providing notice of filings to other parties in your case as outlined in Rule 501.4 of the Texas Rules of Civil Procedure.
Page 10 | 4.6 Self-Represented/Pro Se Litigants
A self-represented litigant is considered to have constructively received a mailed or delivered document if they fail to accept delivery or pick up mail addressed to their provided address; receipt may be established by specified delivery proof.
Failure to accept delivery or to pick up mail addressed to the address provided by a self-represented litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delivery.
Page 10 | 4.6 Self-Represented/Pro Se Litigants
A person may apply for written court authorization to serve citations and other notices, and the Court may authorize service upon approving the application.
A person wishing to be authorized by written order of the Court to serve citations and other notices may file a written affidavit in application for authorization on a form supplied by the Court or a similar suitable application. The Court may, upon approval of the application, authorize service by the applicant in all appropriate suits pending in that Justice Court.
Page 6 | 2.13 Authorization to Serve Citation (Rule 501.2)
Filing Fees and Waivers
The jury fee must be paid when the request is filed, and jury fees are nonrefundable.
A party requesting a civil jury trial shall file a written request with the Court in which the case is filed not later than the 14th day before trial. The jury fee shall be paid upon filing the request. Once the demand is made and the fee paid, the request cannot be withdrawn without approval of all parties. Jury fees are not refundable.
Page 4 | 2.5 Demand for Jury
Pre-Motion Conference Requirements
In jury cases, the specified motions and pleas must be presented and heard at a scheduled pretrial hearing or they are waived, unless good cause is shown; 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 5 | 2.8 Matters Preliminary to Trial on the Merits
Adjournment & Extension Requirements
Motions for continuance must be submitted in writing within a reasonable time before the hearing or trial.
All Motions for Continuance must be submitted in writing within a reasonable time prior to the hearing or trial.
Page 4 | 2.7 Continuances
A motion to continue a jury trial must be filed at least 7 days before the trial setting.
Any motion to continue a jury trial must be filed at least 7 days prior to the trial setting.
Page 4 | 2.7 Continuances
Pretrial hearings remain set for their scheduled day 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 7 | 3.3(b) Pretrial Motions
Cases must be tried as scheduled unless a written State or Defense motion for continuance 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 7 | 3.3(c) Trial before the Court (TBC)
At the 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 7 | 3.3(d) Jury Trial
Chambers Communication Rules
Attorneys should follow ethics 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 10 | 4.5 Attorneys
Self-represented litigants must provide an address, email address, and telephone numbers where Court personnel and opposing counsel can reach them.
Self-represented litigants are required to provide address, email, and telephone numbers at which they can be reached by Court personnel and opposing counsel.
Page 10 | 4.6 Self-Represented/Pro Se Litigants
All objections, arguments, and other comments by counsel shall be directed to the Judge or jury and not to opposing counsel.
All objections, arguments, and other comments by counsel shall be directed to the Judge or jury and not to opposing counsel.
Page 10 | 4.5 Attorneys
Attorneys should not approach the bench without the Court’s permission and must not lean on it.
Attorneys should not approach the bench without leave of court and must not lean on the bench.
Page 10 | 4.5 Attorneys
Questions about jury impaneling or jury service may be directed to the jury services office by phone.
Questions about the jury impaneling process and jury service may be addressed to the jury services office at 972- 548-4315.
Page 2 | 1.7 Jury Selection
Contact the Court for information about its available electronic capabilities.
Please contact the Court for specific information on the electronic capabilities available.
Page 3 | 1.10 Court Equipment