Fort Bend County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Continuance requests must be submitted in writing at least three business days before trial or hearing unless the grounds arose later; the Court may consider the motion by submission.
- Attorneys or defendants may request a reset no later than 24 hours before the current setting, unless the circumstances justifying the request arise later.
- A hearing-reset request must be made in writing and submitted to the Court within 24 hours of the scheduled hearing, unless a situation prevents a timely request.
Document Format Requirements1 rule
A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the Court in which it is pending.
Document Filing Requirements30 rules
An attorney of record may withdraw from representation of a party only upon written motion for good cause shown.
The Court may rule on the motion with or without a hearing; parties wanting to provide oral argument shall request a hearing in their motion or objection.
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.
An Order transferring the case shall identify the Court to which the case is being transferred
Parties objecting to a motion to retain shall state in writing the basis for any objection to the motion to retain within three (3) days of service of a motion to retain.
A draft order's heading must show the cause number, case style, and court in which the case is pending.
Court's wording
A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the Court in which it is pending.
If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney.
If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion.
Defense attorney and/or the defendant shall appear at the scheduled jury setting.
If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.
A written diversion agreement must contain written consent from both the child and the parent.
Court's wording
A child’s participation in a youth diversion program is voluntary, requires the child to accept responsibility for the alleged conduct, and requires written consent from both the child and the parent in a written diversion agreement.
A written binding diversion agreement must address the child’s circumstances, relate rationally to the alleged conduct, be realistic and in the child’s and community’s best interests, and identify the alleged conduct, agreement terms, and consequences of success or noncompliance.
Court's wording
There shall be a written binding Diversion Agreement that contains the components required in Article 45.309 & 45.310 of the Texas Code of Criminal Procedure. The objectives shall: a. consider the child’s circumstances, b. be rationally relevant to the alleged conduct, c. be realistic to accomplish, and d. be in the best interest of the child and the community. The written agreement shall contain the following components as required by law: a. An identification of the alleged conduct and diversion agreement terms in clear and concise language understandable to the child. b. Positive and negative consequences of successful completion of, or failure to comply with, the terms of the diversion agreement.
Restitution (Requires separate Order)
- Document
- Separate order
Must include
- •Requires separate Order
Other: (Requires separate Order)
- Document
- Separate order
Must include
- •Requires separate Order
The clerk must keep a copy of the evidence presented for the file and attach it to the dismissal to be processed.
The clerk must keep a copy of the evidence presented for the file and attach it to the dismissal to be processed.
Upon presentation of a driver's license, valid on the date of the offense, the clerk may dismiss; otherwise, the defendant must see the Judge.
Upon the presentation of satisfactory evidence by the defendant that he/she had a valid placard on the date of offense and the placard has the Driver's License or ID of the defendant.
Proof of financial responsibility is demonstrated by presenting a valid insurance card or insurance policy that covers the vehicle driven and the defendant at the time of the offense.
For compliance, submit a post-offense-date driving record certified by the Texas Department of Public Safety showing eligible license status and no disqualifying driving safety course within the preceding twelve months.
Court's wording
The following documents must be submitted for compliance: • A driving record certified by the Texas Department of Public Safety, which was issued after the offense date, indicating the defendant's license status is eligible, and does not show that a driving safety course has been completed for the purpose of dismissing a moving violation within the twelve (12) months preceding the date of the current citation.
For compliance, the driving safety course certificate must be timely, signed by the defendant, marked "COURT COPY," and unaltered.
Court's wording
The following documents must be submitted for compliance: • A certificate indicating timely completion of the driving safety course must be signed by the defendant, contain an indication that it is the "COURT COPY," and have no alterations, modifications and/or erasures; and
Other than as set forth above, the Court Orders all parties to file only a Certificate of Written Discovery that sets forth the type of discovery requests served on other parties.
Discovery responses and documents produced in discovery shall not be filed with the Court, except as set forth in TRCP 191.4.
The Court ORDERS all other discovery that is to be propounded on another party, to be filed with the Court for consideration by submission, unless any party requests a hearing within three days of the filing date.
A withdrawal motion must provide substitute counsel's contact information or, if no attorney will be substituted, the party's contact information.
Court's wording
If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney. If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion.
Attorneys assigned to trial in two Justice Courts in Fort Bend County for the same date must inform both Courts of the conflict, in writing, as soon as the conflict becomes apparent.
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 case number and the Court in which the conflicting case is being tried.
A party desiring to have file-stamped copies of any documents returned to them by mail, shall include with the original document to be filed an extra copy of the document and a self- addressed, postage-paid envelope for the Court's return.
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.
The word "entered" or "signed" should be used in the line provided immediately above the judge's signature to show the date on which a judgment or order is signed.
- Document
- Judgment or order
- Placement
- Signature block
Filing & Service rules
Electronic Filing Rules
Fort Bend County Justice Courts accept electronically filed documents.
All Fort Bend County Justice Courts accept E-filed documents.
Page 5 | 2.2 E-Filing
Filing Timing and Cure Windows
A noticed case will be dismissed on the date in the notice unless the Court orders that it be retained.
Such matters will be dismissed on the date indicated in the notice of dismissal unless the Court orders it retained.
Page 7 | 2.11.2 Notice
An objection to a motion to retain must state its basis in writing within three 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 three (3) days of service of a motion to retain.
Page 7 | 2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain
A motion to retain must be filed at least 10 business days before the dismissal date specified in the notice.
Motions to retain shall be filed with the Court at least ten (10) business days prior to the date specitied in the notice of dismissal for want of prosecution.
Page 7 | 2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain
A date in these rules that falls on a court holiday or temporary closure moves to the first business date afterward.
When any date mentioned in these rules falls on a Court holiday or a date when the Court is temporarily closed, then the applicable date shall be the first business date following the holiday or temporary closure.
Page 8 | 2.13 Holidays and other Temporary Closures
A party may request a hearing on other discovery within three days of its filing date.
The Court ORDERS all other discovery that is to be propounded on another party, to be filed with the Court for consideration by submission, unless any party requests a hearing within three days of the filing date.
Civil cases
Page 1 | RELATING TO CIVIL DISCOVERY
Service and Proof of Service Rules
The court clerk must give notice that certain cases will be dismissed for want of prosecution.
The court clerk shall give notice that certain cases will be dismissed for want of prosecution.
Page 7 | 2.11.2 Notice
The Court must notify all parties of its ruling on a motion to retain.
The Court shall notify all parties of the Court's ruling on the motion.
Page 7 | 2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain
A copy of a transfer order must be delivered to each party or their attorney of record.
and a copy of the Order shall be delivered to each party or their attorney of record.
Page 7 | 2.10 Assignment and Transfer of Cases
If the Court retains a case, it will set the case for trial and notify the parties of the setting.
If the Court decides to retain the case, the Court will set the case for trial at the convenience of the Court. The Court will notify the parties of the setting.
Page 8 | 2.11.4 Retained Cases
A copy of the 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 9 | 3.3 Order of Transfer
The clerk mails the hearing notice to the filing party and all respondents listed in the petition.
The case is docketed by the court clerk and notice of hearing is mailed to the filing party and all other respondents listed in the petition (i.e., towing company, vehicle storage facility, person/entity/law enforcement agency who authorized the towing, etc.).
Page 11 | 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)
Requests for Disclosure under TRCP 194 may be served without filing them with the Court or obtaining prior Court approval.
The Court ORDERS that all discovery requests that comply with “Request for Disclosure” under TRCP 194 is approved by the Court, without serving the requests on the Court and without getting Court approval prior to service on the opposing party.
Civil cases
Page 1 | RELATING TO CIVIL DISCOVERY
Pleadings, motions, applications for an order, and other requests must be served on all other parties under TRCP 501.4.
The Court further Orders that all pleadings, motions, or applications for an Order, or other form of request, must be served on all other parties as set forth in TRCP 501.4.
Civil cases
Page 1 | RELATING TO CIVIL DISCOVERY
Pre-trial discovery requests require Court approval before service, subject to the order’s stated exceptions.
It is ORDERED that, except as provided herein, all requests for pre-trial discovery must be approved by the Court, before service of the discovery on the other party.
Civil cases
Page 1 | RELATING TO CIVIL DISCOVERY
Parties must provide enough copies of petitions and accompanying documents for all parties being served, except when the documents are e-filed.
In accordance with Part V of the Texas Rules of Civil Procedure (TRCP), 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, except when documents are e-filed.
Page 5 | 2.4 Provision and Costs of Copies
If no attorney will be substituted, the withdrawal motion must be delivered to the party.
If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion.
Page 6 | 2.8 Withdrawal or Substitution of Counsel
In most instances, juror summonses are sent to individuals by regular U.S. mail.
In most instances, a juror summons is sent to individuals by regular mail via the U.S. Postal Service.
Page 10 | 3.8 Jury Selection
When jury requests are made under short time restrictions, the Court may arrange for the precinct constable’s office to hand-deliver summonses to randomly selected individuals determined to reside in Fort Bend County.
In some instances when jury requests are made and the Court is under short time restrictions, the Court may provide the Fort Bend County Constable's office in the precinct in which the trial is to be held with juror summons for hand delivery to individuals chosen at random from public places in the county, who are determined to reside in Fort Bend County.
Page 10 | 3.8 Jury Selection
Filing Fees and Waivers
A proper tow-hearing request must be filed with the applicable filing fees to trigger a hearing.
A proper request filed under this section with the applicable filing fees will trigger a hearing.
Page 11 | 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)
For an expired driver's license dismissal, the defendant must satisfy the stated correction requirement and pay a $20 administrative fee.
Expired Driver's License (Trans. Code § 521.026) If defendant presents satisfactory evidence that he/she remedied this defect within 20 working days or before the defendant's 1s court appearance date, whichever is later; and • The defendant pays an administrative fee of $20.00.
Criminal cases
Page 3 | Standing Order No. 1: Compliance Dismissals with Administrative Fee
For an expired registration or license plate dismissal, the defendant must satisfy the stated correction and proof requirements and pay a $20 administrative fee.
1. Expired Registration/License Plate (Trans. Code § 502.407(b)) If defendant presents satisfactory evidence that he/she remedied the defect within 20 working days or before the defendant's 1s court appearance date, whichever is later; and • The defendant presents evidence of payment of late fee for registration with the appropriate tax office; and • The defendant pays an administrative fee of $20.00.
Criminal cases
Page 3 | Standing Order No. 1: Compliance Dismissals with Administrative Fee
For a no-front-license-plate dismissal, the defendant must show the defect was remedied before the court appearance and pay a $10 administrative fee.
4. No Front License Plate (Trans. Code § 502.404(f) and (g)) • If defendant presents satisfactory evidence that he/she remedied the defect before the defendant's court appearance; and • The defendant pays an administrative fee of $10.00.
Criminal cases
Page 3 | Standing Order No. 1: Compliance Dismissals with Administrative Fee
For a failure-to-display-driver's-license dismissal, the defendant must show a valid Texas driver's license on the offense date and pay a $10 administrative fee.
3. Fail to Display Driver's License (Trans. Code § 521.025) • If defendant presents satisfactory evidence that he/she had a valid Texas Driver's License on the day of the offense; and • The defendant pays an administrative fee of $10.00.
Criminal cases
Page 3 | Standing Order No. 1: Compliance Dismissals with Administrative Fee
For an expired disabled-parking-placard dismissal, the defendant must show timely renewal and pay a $20 administrative fee.
9. Expired Disabled Handicap Violations Parking Placard Trans. Code S 681.013) (Valid Placards are covered by Standing Order No. 2.) If defendant presents satisfactory evidence that he/she remedied the defect by renewing the expired disabled parking placard within 20 working days from the date of the offense or before the defendant's 1st court appearance date, whichever is later; and. The defendant pays an administrative fee of $20.00.
Criminal cases
Page 4 | Standing Order No. 1: Compliance Dismissals with Administrative Fee
For an obscured-license-plate dismissal, the defendant must meet the stated correction and registration-proof requirements and pay a $10 administrative fee.
5. Obscured License Plates (Trans, Code $ 504.945 (a)(3)(5)(6) or (7)) It defendant presents satisfactory evidence that he/she remedied the defect before the defendant's 1s court appearance; The defendant shows that the vehicle was issued a plate by the department that was attached to the vehicle, establishing that the vehicle was registered for the period during which the offense was committed; and • The detendant pays an administrative fee of $10.00.
Criminal cases
Page 4 | Standing Order No. 1: Compliance Dismissals with Administrative Fee
For a failure-to-change-address-or-name dismissal, the defendant must show the defect was remedied before the first court appearance and pay a $20 administrative fee.
6. Failure to Change Address or Name (Trans. Code § 521.054) If defendant presents satisfactory evidence that he/she remedied the defect before the defendant's 1s court appearance; and The defendant pays an administrative fee of $20.00.
Criminal cases
Page 4 | Standing Order No. 1: Compliance Dismissals with Administrative Fee
For a defective-equipment dismissal, the defendant must show the defect was remedied before the first court appearance and pay a $10 administrative fee.
8. Defective Equipment Violations (Trans. Code § 547.004(c) and (d)) If defendant presents satisfactory evidence that he/she remedied the defect before the defendant's 1st court appearance; and The defendant pays an administrative fee of $10.00.
Criminal cases
Page 4 | Standing Order No. 1: Compliance Dismissals with Administrative Fee
For a driver's-license-endorsement-or-restriction dismissal, the defendant must show the defect was remedied before the first court appearance and pay a $10 administrative fee.
Driver's License Endorsements or Restrictions (Trans. Code § 521.221) If defendant presents satisfactory evidence that he/she remedied the defect before the defendant's 1st court appearance; and The defendant pays an administrative fee of $10.00.
Criminal cases
Page 4 | Standing Order No. 1: Compliance Dismissals with Administrative Fee
A defendant requesting deferred disposition at the clerk's window must pay the full special expense fee when making the request.
• Tenders full payment of the special expense fee at the time of request;
Criminal cases
Page 6 | Standing Order No. 3: Deferred Disposition — Processing a Request at the Clerk's Window
The Court may charge a party who fails to comply with the TRCP for necessary copies; copy fees are $1.00 for a titled document's first page and $0.25 for each additional page.
The Court may assess fees to the party who fails to comply with TRCP, in order to provide necessary copies of documents to parties being served. Fees for copies are $1.00 for a titled document's first page and $0.25 for each additional page.
Page 5 | 2.4 Provision and Costs of Copies
Pre-Motion Conference Requirements
When practicable, a party seeking a continuance should attempt to confer with the opposing party and seek agreement before filing the motion.
When practicable, prior to filing a motion for postponement (continuance), the party seeking a postponement (continuance) in a justice civil case should attempt to confer with the opposing party or parties to secure an agreement to the delay.
Page 6 | 2.6 Postponing Trial/ Continuances
Adjournment & Extension Requirements
Continuance requests must be submitted in writing at least three business days before trial or hearing unless the grounds arose later; the Court may consider the motion by submission.
Requests for postponements (continuances) must be submitted in writing to the Court at least three (3) business days preceding the date of the trial or hearing, unless it be shown that the grounds for the request arose thereafter. Motions for postponement (continuance) may be considered by submission.
Page 6 | 2.6 Postponing Trial/ Continuances
Attorneys or defendants may request a reset no later than 24 hours before the current setting, unless the circumstances justifying the request arise later.
Attorneys or defendants may request reset of cases no later than twenty-tour (24) hours before the current setting, unless the circumstances justifying the request for reset occur thereafter.
Page 10 | 3.9 Setting Cases
A hearing-reset request must be made in writing and submitted to the Court within 24 hours of the scheduled hearing, unless a situation prevents a timely request.
Requests for a reset of a hearing must be made in writing and submitted to the Court within twenty-four (24) hours of the scheduled hearing, unless a given situation arises that prevents the timeliness of the request.
Page 11 | 4.1 Driver's License Suspension and Revocation Hearings
Individual Justice Courts may set their own reset allowances for certain case types.
Each Justice Court may have its own rules about reset allowances for certain case types.
Page 10 | 3.9 Setting Cases
A diversion contract may be extended or adjusted if more time is determined necessary for the child to complete diversion.
If it is determined that more time is necessary for a child to successfully complete diversion, a diversion contract can be extended and/or adjusted.
Criminal cases
Page 5 | VI. Participation and Case Management
The Judge may continue the hearing for up to 60 days to allow additional time to comply with the agreement.
d. Continue the hearing for not more than sixty (60) days to allow additional time for compliance with the terms of the agreement.
Criminal cases
Page 5 | VII. Not Eligible for Diversion, Prosecutor Objection, Declined Participation by Child or Parent, or Unsuccessful Completion
The Judge may extend the diversion period, but not beyond one year from its initial start date.
c. Extend the diversion period not to exceed one year from the initial start date.
Criminal cases
Page 5 | VII. Not Eligible for Diversion, Prosecutor Objection, Declined Participation by Child or Parent, or Unsuccessful Completion
A continuance of a referral hearing may be granted for no more than 60 days to allow an opportunity to comply with the Diversion Agreement.
A continuance for the referral hearing (not to exceed 60 days) is granted to allow an opportunity for compliance with the terms of the Diversion Agreement.
Criminal cases
Page 14 | Appendix F
An extension of the diversion period may not exceed one year from its original start date.
The diversion period is extended for the following period (not to exceed one year from the original start date of the diversion):
Criminal cases
Page 14 | Appendix F
Chambers Communication Rules
An attorney assigned to trials in two Fort Bend County Justice Courts on the same date must notify both courts in writing as soon as the conflict becomes apparent.
Attorneys assigned to trial in two Justice Courts in Fort Bend County for the same date must inform both Courts of the conflict, in writing, as soon as the conflict becomes apparent.
Page 10 | 3.9.1 Conflicting Engagements of Attorneys
An attorney who is or will be in trial elsewhere must notify the Justice Court in writing as soon as the conflict becomes apparent, identifying the case number and the other 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 case number and the Court in which the conflicting case is being tried.
Page 10 | 3.9.1 Conflicting Engagements of Attorneys
During the agreement, the child and parent must give the Justice Court a mailing address for notices, report address changes, and provide a phone number and email address.
During the period of this agreement, Child and Parent shall inform the Justice Court of the best mailing address to receive notices, and of changes to that address. Child and Parent shall also provide a phone number and email address to the Court.
Criminal cases
Page 11 | Appendix D—Youth Diversion Agreement
The child and parent must contact the Youth Diversion Coordinator when requested and at the end of the diversion period to discuss completion status.
Child and Parent agree to contact the Youth Diversion Coordinator of the Justice Court, as requested and at the end of the diversion period to discuss the status of completion of this agreement.
Criminal cases
Page 11 | Appendix D—Youth Diversion Agreement
Contact the applicable Justice Court to learn its specific reset rules.
Contact the applicable Justice Court to learn about its specific rules.
Page 10 | 3.9 Setting Cases
Attorneys and pro se parties should anticipate equipment or furniture needs and make advance arrangements with the Court.
Attorneys and pro se parties should anticipate any need to use or move furniture, easels, or other equipment, and should make advance arrangements with the Court.
Page 13 | 6.2 Attorneys and Pro Se Parties
Attorneys should follow the ethics canons, including those concerning media discussions and 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 13 | 6.2 Attorneys and Pro Se Parties
You may contact the Court to inquire about its docket.
You may contact the Court to inquire about the Court's docket.
Page 4 | 1.5 Calendar
The child and parent may bring an assisting person to the hearing after notifying the Justice Court.
Child and Parent may, after notifying the Justice Court, bring any other person who may be of assistance to Child or the Justice Court in determining what is in the best interests of Child and the long-term safety of the community.
Criminal cases
Page 12 | Appendix D—Youth Diversion Agreement