Fort Bend County Justice of the Peace Courts Document Filing Requirements

CRITICALCriminal cases

Applies to

Separate order

A separate order is required if restitution is included in the diversion action plan.

Restitution (Requires separate Order)

CRITICAL

Applies to

Draft order

Must include

case number

A draft order's heading must show the cause number, case style, and court in which the case is pending.

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.

CRITICALCriminal cases

Applies to

Certified driving record

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.

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.

CRITICALCriminal cases

Applies to

Dismissal

The clerk must retain a copy of the evidence presented in the file and attach it to the dismissal being processed.

The clerk must keep a copy of the evidence presented for the file and attach it to the dismissal to be processed.

CRITICAL

Applies to

Motion or objection

The Court may rule with or without a hearing, but a party seeking oral argument must request a hearing in its motion or objection.

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.

CRITICAL

An attorney of record may withdraw only by written motion showing good cause.

An attorney of record may withdraw from representation of a party only upon written motion for good cause shown.

CRITICAL

The defense attorney and/or defendant must appear at the scheduled jury setting.

Defense attorney and/or the defendant shall appear at the scheduled jury setting.

CRITICALCriminal cases

Applies to

Dismissal

The clerk must retain a copy of the evidence and attach it to the dismissal.

The clerk must keep a copy of the evidence presented for the file and attach it to the dismissal to be processed.

CRITICAL

Applies to

Motion to retain

A motion to retain must state in writing the factual and legal basis for keeping 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.

CRITICALCriminal cases

Applies to

Driving safety course certificate

For compliance, the driving safety course certificate must be timely, signed by the defendant, marked "COURT COPY," and unaltered.

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

CRITICALCivil cases

Applies to

Certificate of written discovery

Except as otherwise provided in the order, parties must file only a Certificate of Written Discovery identifying the types of discovery requests served.

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.

CRITICALCriminal cases

Applies to

Driver license

The clerk may dismiss upon presentation of a driver's license valid on the offense date; otherwise, the defendant must see the Judge.

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.

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

CRITICAL

Applies to

Withdrawal motion

When substituting another attorney, the withdrawal motion must provide the substitute attorney’s contact information.

If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney.

CRITICALCriminal cases

Applies to

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.

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.

CRITICALCriminal cases

Applies to

Handicap placard evidence

The defendant must present satisfactory evidence of a placard valid on the offense date that bears the defendant's driver's license or ID.

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.

CRITICALCivil cases

Applies to

Discovery responses and produced documents

Discovery responses and produced documents must not be filed with the Court, except as allowed by TRCP 191.4.

Discovery responses and documents produced in discovery shall not be filed with the Court, except as set forth in TRCP 191.4.

CRITICALCriminal cases

Applies to

Proof of financial responsibility

To demonstrate financial responsibility, the defendant must present a valid insurance card or policy covering the vehicle and defendant at the time of the offense.

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.

CRITICALCriminal cases

Applies to

Separate order

Other: (Requires separate Order)

Other: (Requires separate Order)

CRITICALCivil cases

Applies to

Discovery request

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.

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.

CRITICAL

Applies to

Objection to motion to retain

An objection to a motion to retain must state its basis in writing.

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.

CRITICALCriminal cases

Applies to

Diversion agreement

A written diversion agreement must contain written consent from both the child and the parent.

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.

CRITICAL

Applies to

Withdrawal motion

If no substitute attorney is named, the withdrawal motion must be delivered to the party and include the party’s contact information.

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.

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.

WARNING

A withdrawal motion must provide substitute counsel's contact information or, if no attorney will be substituted, the party's contact information.

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.

WARNING

Applies to

Conflicting trial notice

An attorney assigned to trial in two Fort Bend County Justice Courts on the same date must promptly notify both Courts of the conflict in writing.

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.

WARNING

Applies to

Conflicting trial notice

An attorney who is or is scheduled to be in trial elsewhere must promptly give the Justice Court written notice of the conflict, 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.

WARNING

Applies to

Document submitted for file stamped return by mail

A party requesting mailed return of file-stamped copies must submit an extra copy and a self-addressed, postage-paid envelope with the original filing.

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.

INFO

Applies to

Draft judgment or order

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

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.

INFO

Applies to

Judgment or order

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.

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.