Henderson County Justice of the Peace Courts Filing Timing and Cure Windows

CRITICAL

Deadline

10 working days

Applies to

Motion to retain

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Objection to motion 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.

CRITICAL

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.

CRITICAL

A defendant has 10 days to object to a criminal case transfer.

The defendant has 10 days to object in writing to the transfer.

CRITICAL

Applies to

Affidavit of noninterest

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.

CRITICAL

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.

WARNING

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.