Henderson County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Transfer order

The judge requesting a bench exchange must initiate the transfer order and ensure both judges sign it before any cases are adjudicated.

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.

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 waive, signed by counsel and/or defendant must be presented.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Objection to motion to retain

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

(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.

CRITICAL

Applies to

Return of service

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.

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.

CRITICAL

Applies to

Motion to retain

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

(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.

WARNING

Applies to

Docket

The docket for each case heard by a visiting judge must reflect that judge’s name.

The docket for each case heard by the visiting judge will reflect the visiting judge's name.