Harris County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Except in an emergency, a civil motion for continuance must be written, explain why postponement is necessary, and be filed at least three business days before trial or hearing.
Document Filing Requirements6 rules
Except in an emergency, a civil motion for continuance must be submitted in writing and explain why postponement is necessary.
Court's wording
Except in case of emergency, a motion for continuance in a civil case shall be in writing, state why the postponement is necessary, and shall be filed with the Court at least three (3) business days preceding the date of trial or hearing.
A withdrawal motion must provide the substitute attorney’s contact information, or, if no attorney is 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.
An attorney of record may withdraw from representation of a party only upon written motion for good cause shown.
Such notice shall be made by filing a written notice (suggestion of bankruptcy) with the Court and serving copies on all parties to the suit.
A motion seeking disqualification must be supported by sworn statements of two other credible persons.
Court's wording
When presented with a proper motion supported by the sworn statements of two other credible persons as required by Rule 502.4(e), Texas Rules of Civil Procedure, the disqualified Justice of the Peace shall refer the civil case in which the motion was filed to the Presiding Judge.
An Order transferring the case shall identify the Court to which the case is being transferred
Filing & Service rules
Filing Timing and Cure Windows
A party in a pending civil case must immediately notify the Court when a bankruptcy petition is filed.
A party to a pending civil case shall immediately notify the Court of the filing of a petition in bankruptcy.
Page 5 | RULE 1.8. FILING NOTICE OF BANKRUPTCY
After receiving notice that another party filed a bankruptcy petition, a party must file a suggestion of bankruptcy as soon as practicable and no later than five days afterward.
A suggestion of bankruptcy shall be filed as soon as practicable, and not more than five (5) days, after a party receives notice of the filing of a petition in bankruptcy by any other party.
Page 5 | RULE 1.8. FILING NOTICE OF BANKRUPTCY
Service and Proof of Service Rules
If no substitute attorney is appointed, 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 4 | RULE 1.6. WITHDRAWAL OR SUBSTITUTION OF COUNSEL
Copies of the bankruptcy notice must be served on all parties to the suit.
Such notice shall be made by filing a written notice (suggestion of bankruptcy) with the Court and serving copies on all parties to the suit.
Page 5 | RULE 1.8. FILING NOTICE OF BANKRUPTCY
A copy of a transfer order must be delivered to each party or that party’s attorney of record.
a copy of the Order shall be delivered to each party or their attorney of record.
Page 7 | RULE 2.4. ASSIGNMENT OF CASES ON DISQUALIFICATION, D. Order of Transfer
An order transferring a case or assigning a special judge must be delivered to each party or that party’s attorney of record.
An Order issued by the Presiding Judge or Regional Presiding Judge transferring the case, or assigning a special judge, shall be delivered to each party or their attorney of record.
Page 8 | RULE 2.5. ASSIGNMENT OF CASES ON RECUSAL, B. Order of Transfer
Filing Fees and Waivers
A hearing request must be accompanied by the filing fee required by law.
Requests for hearing must be accompanied by the filing fee required by law.
Page 14 | Rule 2.3.3. Rights of Owners and Operators of Stored Vehicles to Hearing
Pre-Motion Conference Requirements
Before filing a civil motion for continuance, the moving party must confer with opposing parties to try to obtain agreement to the delay.
Prior to filing a motion for continuance, the party seeking a continuance in a civil case must confer with the opposing party or parties in an effort to secure an agreement to the delay.
Page 3 | RULE 1.4. MOTIONS FOR CONTINUANCE IN CIVIL CASES
Adjournment & Extension Requirements
Except in an emergency, a civil motion for continuance must be written, explain why postponement is necessary, and be filed at least three business days before trial or hearing.
Except in case of emergency, a motion for continuance in a civil case shall be in writing, state why the postponement is necessary, and shall be filed with the Court at least three (3) business days preceding the date of trial or hearing.
Page 3 | RULE 1.4. MOTIONS FOR CONTINUANCE IN CIVIL CASES
Chambers Communication Rules
An attorney assigned to trial in two justice courts on the same date must notify the Court in writing of the conflicting setting as soon as the conflict becomes apparent.
It is the duty of the attorney to call to the Court’s attention, in writing, any conflicting trial setting as soon as the conflict becomes apparent.
Page 4 | RULE 1.5. CONFLICTING ENGAGEMENTS OF ATTORNEYS
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 in which there is a conflicting setting of the case number and the court in which the case is being tried.
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 in which there is a conflicting setting of the case number and the court in which the case is being tried.
Page 4 | RULE 1.5. CONFLICTING ENGAGEMENTS OF ATTORNEYS