Grimes County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements1 rule
ANY EVIDENCE PRESENTED IN COURT MUST HAVE COPIES AVAILABLE FOR ALL PARTIES
Document Filing Requirements27 rules
To file factually specific (not "boilerplate") Motions to Suppress if the circumstances surrounding the case indicate questioning the relevant stop, detention, arrest or search of the defendant.
Each municipal and justice court must adopt a written youth diversion plan that describes the types of strategies that will be used to implement youth diversion. A current plan must be maintained in the court for public inspection.
A court may not divert a child under Art. 45.304(e). C.C.P. Subchapter E without the written consent of the child and parent.
A diversion agreement must be in writing
(4) the period of the diversion: A diversion under Art. 45.309 or 45.310 may not exceed 180 days. Arts. 45.309(a), 45.310(b). C.C.P.
The agreement must state its terms, including required diversions, in a clear and concise manner and identify the offense or charge being diverted.
Court's wording
•(I) the terns of the agreement. The terms may vary depending including one or more diversions on the circumstances of the child. required to be completed by including the child's age and the child, written in a clear and ability, the charge being diverted. concise manner and identifying or the diversion strategy used. Art. any offense or charge being 45.308(d), C.C.P.
(3) an explanation that participation in a diversion is not an admission of guilt and a guilty plea is not required to participate in a diversion;
If the optional administrative fee in Art. 3.112 will be assessed. then it must be specified as a term of the diversion agreement. Art. 45.312(b), C.C.P.
The diversion agreement must state the possible outcomes or consequences of both successful and unsuccessful diversion.
Court's wording
(2) possible outcomes or For example, the case of a child consequences of a successful who successfully complies with diversion and an unsuccessful the terms of a diversion agreement diversion; shall be closed and reported as successful to the court. Arts. 45.309(c) and 45.310(d), C.C.P. A child who does not comply with the terms of a diversion agreement shall be referred to court for a non-adversarial hearing. Arts. 45.309(d), 45.310(e), 45.311, C.C.P.
2. Proof of the temporary license issued by the Department of Public Safety indicating renewal of the license and the date renewed;
A registration-based dismissal request must include the specified stamped tax-assessor form or receipt and proof of payment of the statutory penalty fee.
Court's wording
2. Proof of the following documents: a. The standard form generated by a County Tax Assessor's office stamped by the County Tax Assessor's office indicating the date and amount of payment; OR the renewed registration receipt form generated by the County Tax Assessor's office stamped by the County Tax Assessor indicating the date and amount of payment; and b. The proof that the defendant has paid the fee prescribed by Section 502.045 (Penalty fine) to the County Tax Assessor;
The clerk shall make a copy for the file of the documents) establishing proof of compliance and present the file to the court for dismissal of the citation.
Proof that the restriction or endorsement was imposed because of a physical condition that was surgically or otherwise medically corrected; and
Proof of a valid Texas driver's license that indicates the address or name of the defendant has been corrected.
A qualifying motor vehicle liability policy must be an owner's or operator's policy issued by an authorized insurer, benefit the named insured, and meet the stated minimum coverage requirements.
Court's wording
For purposes of this Standing Order, a motor vehicle liability insurance policy must be an owner's or operator's policy that (i) is issued by an insurance company authorized to write motor vehicle liability insurance in this state; (ii) is written to or for the benefit of the named insured in the policy; and (iii) meets the minimum coverage requirements (As of January 1, 2011, minimum coverage is $30,000/$60,000/$25,000).
All proof of financial responsibility shall be verified prior to dismissal, unless directed otherwise by the Court.
1) a copy of the motor vehicle liability insurance policy covering the vehicle; 2) an insurance binder that confirms the operator is in compliance Chapter 601, Trans. Code.
The defendant presents proof of valid Driver's License;
presents proof of Financial Responsibility, pursuant to 601, T.C., that is valid on the day of the request;
presents proof of financial responsibility to the Court at the end of the period.
IT IS ORDERED that, pursuant to the State's Standing Motion to Dismiss, a charge of Fail to display Driver's License pursuant to section 52.025 of the Texas Transportation Code shall be dismissed if the Defendant presents to a clerk a valid Texas Driver's License that was issued to the Defendant before the time and date of the offense and appropriate for the type of vehicle being operated.
The clerk shall retain a copy of the Defendant's drivers license in the court file.
Any "boilerplate" motions filed including (even in part) matters referred to above shall be wholly disregarded.
To the extent an open file policy satisfies the above requirements; the State is not required to furnish a formal discovery document.
The clerk may process and dismiss the listed cases after proof of compliance.
Court's wording
IT IS ORDERED that a Clerk may accept for processing and dismissal, after proof of compliance, the following cases: 1. Display Expired License Plates (registration) (T.C. 502.407(b)) 2. Expired Texas Driver's License (T.C. 521.026) 3. Fail to Change Address/Name on Driver's License (T.C. 521.054) 4. Violation of Driver's License Restriction or Endorsement (T.C. 521.221(d))
Fleet policies may be accepted by a Clerk for dismissal if the defendant presents valid proof consistent with the criteria above and indicia of authorization to drive the covered vehicle.
Premium notices, payment receipts and/or handwritten documents are not "acceptable proof" of financial responsibility.
Filing & Service rules
Filing Timing and Cure Windows
Issues known from the prosecutor's open-file policy must be raised before trial or they will be considered untimely if first raised during trial.
Issues known from the Prosecutor's open file policy not raised prior to trial shall be considered untimely if raised for the first time during trial.
Criminal cases
Page 2 | II. The Defense Attorney
For registration-based dismissals, compliance must occur within 20 working days after the later of the offense date or the first court appearance.
The date of compliance may not be more than 20 working days after the date of offense or after the first court appearance, whichever is later.
Criminal cases
Page 1 | Display Expired License Plates (Registration)
The date of compliance may not be more than 20 working days after the date of offense or not after the first court appearance, whichever is later.
The date of compliance may not be more than 20 working days after the date of offense or not after the first court appearance, whichever is later.
Criminal cases
Page 2 | Expired Driver's License
The address or name correction must be made within 20 working days after the offense date.
The correction must be made not more than 20 working days after the date of offense.
Criminal cases
Page 2 | FAIL TO Change Address/Name on Driver's License
The restriction or endorsement must be removed before the first court appearance for dismissal processing.
The restriction or endorsement was removed before the first court appearance.
Criminal cases
Page 2 | Violation of Driver's License Restriction
Before the first appearance, a clerk may accept qualifying proof of financial responsibility for dismissal.
IT IS ORDERED that any time prior to the date of the first appearance for a citation of "Fail to Provide Proof of Financial Responsibility" a Clerk may accept proof of financial responsibility for dismissal if it complies with the following requirements for acceptable proof.
Criminal cases
Page 1 | DISMISSAL OF FINANCIAL RESPONSIBILITY VIOLATIONS
Service and Proof of Service Rules
To arrange out-of-county or out-of-state citation service, the plaintiff must give the court the listed county and constable details and provide the constable’s service fee by money order or cashier’s check payable to the constable.
Plaintiff must provide the following information to the court to have the citation served by the appropriate County Constable. 1. Name of County for Service 2. Appropriate County Constable Serving Citation 3. Appropriate County Constable's Full Address 4. Appropriate County Constable's Service Fee 5. Service Fee Provided to this Court in form of Money Order or Cashier's Check made out to the Appropriate County Constable
Civil cases
Page 1 | POLICY FOR OUT OF COUNTY / OUT OF STATE SERVICE OF CITATIONS
The court mails the service fee and citation to the appropriate County Constable.
The court will mail money order/cashier's check along with citation to the Appropriate County Constable for service of citation.
Civil cases
Page 1 | POLICY FOR OUT OF COUNTY / OUT OF STATE SERVICE OF CITATIONS
The prosecutor must disclose and make the listed materials available to the defendant at least 7 days before trial.
The Prosecuting Attorney without written request shall disclose to the Defendant, and make available to the Defendant for inspection and copying at least 7 days prior to trial, the following:
Criminal cases
Page 1 | I. The Prosecuting Attorney
A copy of the agreement must be provided to the child, parent, court clerk, youth diversion coordinator, and anyone specified by the youth diversion plan.
D7. Provide a copy of the agreement to the child, parent, clerk of the court. youth diversion coordinator, and any person specified by the youth diversion plan.
Criminal cases
Page 5 | 7. Provide Copies of the Agreement
Filing Fees and Waivers
The fee may be collected only if it is included as a term of the diversion agreement accepted by the child's parent.
a. The fee may not be collected unless Art. 45.312(b), C.C.P. specified as a term of the diversion agreement accepted by the child's parent.
Criminal cases
Page 5 | 6. Optional Administrative Fee
After the parent has an opportunity to be heard, the court must order a financially able parent to pay an unpaid fee to the clerk, and the order is enforceable by contempt.
If the fee is not paid after giving the child's parent an opportunity to be heard, the court shall order the parent, if financially able, to pay the fee to the clerk of the court. This order is enforceable by contempt. Art. 45.312(e). C.C.P.
Criminal cases
Page 5 | 6. Optional Administrative Fee
The $50 youth diversion administrative fee is optional, and diversion may not depend on paying it.
6. Determine whether to assess the optional $50 Art. 45.312, C.C.P. local youth diversion administrative fee to defray the costs of the diversion of the child's case. The diversion of a child may not be contingent on payment of this fee.
Criminal cases
Page 5 | 6. Optional Administrative Fee
The court must waive the fee if the parent is indigent or lacks sufficient resources or income to pay it.
A court shall waive the fee if the parent is indigent or does not have sufficient resources or income to pay the fee.
Criminal cases
Page 5 | 6. Optional Administrative Fee
No fee other than the optional youth diversion administrative fee may be assessed for a child diverted under Subchapter E.
Except for this fee, no other fee may be assessed for a child diverted under Subchapter E. Art. 45.312(h). C.C.P.
Criminal cases
Page 5 | 6. Optional Administrative Fee
The court clerk must record fees collected under Article 45.312 and forward the funds to the appropriate municipal treasurer or equivalent.
O c. The clerk of the court shall keep a record of the fees collected under Art. 45.312 and shall forward the funds to the municipal treasurer or person fulfilling that role, as appropriate.
Criminal cases
Page 6 | 6. Optional Administrative Fee
Collected fees must go into a special account and may be used only to offset the operating costs of Subchapter E youth diversion programs.
The collected fees shall be deposited in a special account that can be used only to offset the cost of the operations of youth diversion programs under Subchapter E. Art. 45.312(g), C.C.P.
Criminal cases
Page 6 | 6. Optional Administrative Fee
A $20 fee must be paid for a registration-based dismissal request.
1. Payment of a $20.00 fee; and
Criminal cases
Page 1 | Display Expired License Plates (Registration)
A $20 fee must be paid for a driver's-license address or name correction dismissal request.
Payment of a $20.00 fee: and
Criminal cases
Page 2 | FAIL TO Change Address/Name on Driver's License
A $10 fee must be paid for a driver's-license restriction or endorsement dismissal request.
Payment of a $10.00 fee;
Criminal cases
Page 2 | Violation of Driver's License Restriction
The defendant must pay all court costs and the special expense fee in full when requesting deferred disposition.
The defendant pays in full at the time of the request all court cost and the special expense fee (which is equal to the window fine, and penalty fine, if applicable);
Criminal cases
Page 1 | Deferred Disposition
No fee may be assessed or collected for dismissal of a Fail to Display a Driver's License charge.
No fee for the dismissal of a charge of "Fail to Display a Driver's License" shall be assessed or collected.
Criminal cases
Page 1 | FAIL TO DISPLAY DRIVER'S LICENSE
Cashier's checks and money orders are accepted for civil and administrative filings.
THE COURT ACCEPTS CASHIER CHECKS/MONEY ORDERS FOR ALL CIVIL/ ADMIN FILINGS.
Page 1 | THE COURT ACCEPTS CASHIER CHECKS/MONEY ORDERS FOR ALL CIVIL/ ADMIN FILINGS.
For criminal offenses, the court accepts exact cash, credit card with a fee, cashier's checks, or money orders; cash overpayment is not accepted.
THE COURT CAN ACCEPT EXACT CASH/CREDIT CARD WITH A FEE/ CASHIER CHECK OR MONEY ORDER (CASH MUST BE EXACT, NO OVER PAYMENT ACCEPTED) FOR CRIMINAL OFFENSES.
Page 1 | THE COURT CAN ACCEPT EXACT CASH/CREDIT CARD WITH A FEE/ CASHIER CHECK OR MONEY ORDER (CASH MUST BE EXACT, NO OVER PAYMENT ACCEPTED) FOR CRIMINAL OFFENSES.
The court may adopt rules allowing waiver of the fee for financial hardship.
A court may adopt rules for the waiver of this fee for financial hardship. Art. 45.312(d), C.C.P.
Criminal cases
Page 5 | 6. Optional Administrative Fee
Adjournment & Extension Requirements
The court may continue the hearing for up to 60 days to allow an opportunity to comply with the diversion terms.
issuing a continuance for the hearing for a period not to exceed 60 days to allow an opportunity for compliance with the terms of the diversion;
Criminal cases
Page 7 | 12. Orders Following the Hearing
Chambers Communication Rules
An attorney seeking to withdraw or substitute must notify the court in writing at least 5 days before the hearing or trial.
Any attorney requesting to withdraw or request a substitution from a case must notify the court in writing at least 5 days prior to the Hearing or Trial.
Page 1 | 1.7 ATTORNEYS
An attorney assigned to trials in two separate courts on the same date must inform both courts in writing as soon as the conflict becomes apparent.
AN ATTORNEY ASSIGNED TO TRIAL IN TWO SEPARATE COURTS FOR THE SAME DATE MUST INFORM BOTH COURTS OF THE CONFLICT IN WRITING AS SOON AS CONFLICT BECOMES APPARENT.
Page 1 | CONFLICTING ENGAGEMENTS OF ATTORNEYS