Henderson County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements2 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 14" day before trial.
The defendant has 10 days to object in writing to the transfer.
- Transfer objection
Formatting
- •The objection must be in writing
Document Filing Requirements7 rules
Except for the stated Texas Rules of Civil Procedure provisions, 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 with the client's last known mailing address.
Court's wording
Except as provided in Rules 8 and 10, 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.
(c) 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.
(b) 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.
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; the affidavit may be part of the verified return.
Court's wording
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 return required by Rule 107, Texas Rules of Civil Procedure.
If the defendant waives jury at the docket call, a written waive, signed by counsel and/or defendant must be presented.
The judge requesting the exchange shall initiate the transfer order and ensure it is signed by both judges prior to the adjudication of any cases.
The docket for each case heard by the visiting judge will reflect the visiting judge's name.
Filing & Service rules
Filing Timing and Cure Windows
A party must file a motion objecting to a mediation referral within 10 days from the date of 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 3 | 2.2 Mediation
A party requesting a civil jury trial must file a written request 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 14" day before trial.
Page 3 | 2.4 Demand for Jury
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 4 | 2.7 Matters Preliminary to Trial on the Merits
A motion to retain must be filed at least 10 working days before the dismissal date specified in the notice.
(a) 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 | 2.9.4 Procedures for Retaining Cases and Objecting to Motions to Retain
An objection to a motion to retain must state its basis in writing within 3 days after service of the motion.
(c) 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 | 2.9.4 Procedures for Retaining Cases and Objecting to Motions to Retain
The affidavit must be filed before or together with the return of service.
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.
Page 6 | 2.12 Authorization to Serve Citation (Rule 103)
Pre-trial motions must be filed at least 14 days before any pre-trial hearing.
Pre-trial motions must be filed with the court 14 days prior to any pre-trial hearing.
Page 7 | 3.3 Setting Cases
A defendant has 10 days to object to a criminal case transfer.
The defendant has 10 days to object in writing to the transfer.
Page 10 | 5.2 Criminal Cases
If a date in the rules falls on a court holiday, the applicable date moves to 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 | 2.11 Holidays
Service and Proof of Service Rules
Notice to appear for an attorney's motion to withdraw must be sent by certified mail, return receipt requested; written agreement by the defendant is an alternative to notice.
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
A person may apply by written affidavit for court authorization to serve citations and other notices, and the Court may authorize the applicant to serve in appropriate pending suits.
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. The Court may, upon approval of the application, authorize service by the applicant in all appropriate suits pending in that Justice Court.
Page 6 | 2.12 Authorization to Serve Citation (Rule 103)
The court will provide pre-trial motions to the county attorney.
The court will provide the motions to the county attorney.
Page 7 | 3.3 Setting Cases
Filing Fees and Waivers
The jury fee must be paid when the jury-trial request is filed.
The jury fee shall be paid upon filing the request.
Page 3 | 2.4 Demand for Jury
Pre-Motion Conference Requirements
In jury cases, covered motions, exceptions, and pleas generally must be presented and heard at the pre-trial hearing or they are waived, subject to the stated exceptions.
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 4 | 2.7 Matters Preliminary to Trial on the Merits
Adjournment & Extension Requirements
At a scheduled 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 Setting Cases
Cases must be tried as scheduled unless a written State or Defense continuance motion is granted or the judge resets the case in 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 Setting Cases
A pre-trial hearing will occur as scheduled unless a written State or Defense motion for continuance is granted.
All pre-trial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 7 | 3.3 Setting Cases
The judge has discretion over whether to hear motions for continuance.
Motions for Continuance will be heard at the discretion of the judge.
Page 4 | 2.6 Continuances