Hunt County Justice of the Peace Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Document Format Requirements3 rules
Any evidence submitted prior to the court electronically (efile or email) must also be submitted during trial in a hard copy form.
The court will not print any evidence sent electronically (efile or email).
• The court prefers documents to be submitted with no redactions
Document Filing Requirements38 rules
Must have written consent of the defendant and the parent.
Must be in writing and identify the period of diversion (not to exceed 180 days) and a clear and concise description of the diversions, including the offense and charge being diverted.
Must be measurable, realistic, and reasonable, considering the circumstances, the child's age and ability, the charge being diverted, the best interest of the child, and the safety of the community.
A copy of the agreement must be provided to the child and parent, Administrative Assistant, and Justice of the Peace.
The diversion agreement must describe possible outcomes and monitoring, explain that participation is not an admission or plea of guilt, and verify notice of the child’s rights and the child’s knowing, voluntary consent.
Court's wording
Must include: 1. Possible outcomes of successful/unsuccessful diversions; 2. Explanation that participating is not an admission of guilt and that a guilty plea is not required to participate; 3. Explanation of the monitoring process; 4. Verification that the child and parent were notified of the child's rights, including the right to refuse diversion, and that the child knowingly and voluntarily consents to diversion.
Must outline identity and responsibilities of the child and parent and contain a written acknowledgement and agreement from the child and the parent.
The Justice Court must maintain statistics for each diversion strategy authorized.
4. A copy of any envelope or tracking from post office of delivered letter returned by the post office shall be attached to the return of service.
The return of service must state the mailing date and results for both the registered-mail and regular-mail sendings.
Court's wording
3. The return of service shall include a statement setting out the date of mailing and the result of the mailing by registered mail, and the date of mailing and results of same by regular mail (i.e., whether the envelope was returned by the post office, the registered mail delivery notification, etc.); and
The creditor must present to the Court that granted the judgment some evidence of the judgment and property’s non-exempt status;
Turnover and receiver orders must clearly state their terms and the receiver’s duties, authority, and responsibilities so the receiver can follow the order without interpreting it.
Court's wording
All Orders must be clear and concise: (a) written so both the Court and the Receiver have a clear understanding of the terms; (b) understand the extent of the duties/authority and responsibilities of the Receiver; and, (c) provides confidence to the Court that the Order enables the Receiver the ability to understand and follow the Order without having to interpret their duties or the extent of their duties within the Order
Turnover applications must provide sufficient evidence, identify and include the final judgment, describe the non-exempt property with enough detail to define the requested relief, and submit evidence that the debtor has non-exempt property, which may be by affidavit.
Court's wording
Applications must contain sufficient evidence that establishes all the necessary conditions and requirements of 31.002 including but not limited to: (a) Information identifying the specifics of the underlying final judgment and an exhibit of the judgment provided; (b) Provide information describing the property as non-exempt and sufficient enough for the Court to understand what is sought and provide some limitation to the Order without requiring the property be specifically identified in the Order. For example, a general laundry-list to provide some limitation to the Order (Note: The property does not need to be property that cannot be readily attached or levied on by ordinary legal process.) (c) The judgment creditor must submit sufficient evidence, which may be by affidavit, that the judgment debtor has non-exempt property subject to the
A proposed post-judgment receiver order must recite compliance with TCPRC 31.002, reference the motion, and include specified judgment, receiver, authority, and exempt-property provisions.
Court's wording
Proposed Orders Appointing a Post-Judgment Receiver must recite that all the necessary conditions and requirements of 31.002 have been met, reference the Motion and include but not limited to: (a) Identifying the specifics of the underlying final judgment (amount awarded as damages, any pre and post-judgment interest, balance due on the judgment at the time of filing, etc.) (b) Provide the name and complete contact information of the Receiver (c) State that the Receiver is granted the authority to take possession of the non-exempt property, sell it and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment (d) State that the Order does not authorize that the property be turned over directly to the judgment creditor (e) Provide language that the Order does not require the turnover of the proceeds of, or the disbursement of, property exempt under any statute and does not compel turnover of the homestead, checks for current wages or cash on hand or other exempt property of the judgment debtor (f) Describe the extent of the Receiver’s authorized powers and authority
The receiver application must identify the proposed receiver and provide contact, qualification, compensation, oath, and bond information.
Court's wording
(e) Name and identify the proposed Receiver to include complete contact information; whether the Receiver is an attorney; experience as a Receiver; and a curriculum vitae or resume. (f) Proposed method to compensate the Receiver, fees and costs. (g) Information about a Receiver’s oath and bond.
A receiver motion must address notice and whether relief is sought ex parte; the courts prefer an opportunity for the debtor to appear and will deny an unsupported ex parte request.
Court's wording
(d) Address notice and opportunity for the creditor to appear for a hearing on the motion or whether the Order is sought ex parte. o Note: These Courts strongly prefer notice and opportunity for the debtor to appear. Any ex parte request absent evidence demonstrating why ex parte is necessary will be denied and require notice of hearing be sent to the debtor.
State that the Receiver shall provide the Court with an Order to Terminate Receivership and Discharge Receiver if no funds were recovered. If funds were recovered, the Receiver shall provide the Court a written inventory of all property taken within 30 days of the termination of an Order
A Receiver’s oath of office is required and shall be returned to the Court within 10-days of the signing of the Order
Orders granting Turnover and Receiver must have set time limitations
State that the Receiver shall not disburse to the Judgment Creditor funds recovered by the receiver without the judgment Debtor’s written consent or Court order
Without sufficient evidence and showing of essential necessity, no Order will extend beyond one-year after the date of the Order; however, all Orders of essential necessity will terminate 5-years (60 months) from the date of issuance of the Order
Again, whatever fee order is initially approved by the Court, before fees are paid and in order to be paid, the Receiver must later submit a request to the Justice Court for approval
if the document is not electronically filed, by including, on the upper left- hand side of the first page, the phrase: "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA."
- Document
- Document containing sensitive data
- Placement
- First page
designating the document as containing sensitive data when the document is electronically filed;
• Return of Service with all accompanying documents
• Copies must be submitted at trial by plaintiff or plaintiff's counsel
• Military Affidavit
Include
- •Military Affidavit
• Proof that Defendant owes the debt and the amount
• Business Records Affidavit
Include
- •Business Records Affidavit
• Proof of current owner of the debt
Include
- •Proof of current owner of the debt
• Certificate of Last Known Address
Include
- •Certificate of Last Known Address
All costs must be itemized into dollar amounts before the Judge will sign any Judgment orders.
Post Judgment Interest must be on the order in the form of the current rate.
Receiver powers should generally be limited and clearly stated; specified financial-account and information-gathering powers are identified as reasonable or acceptable.
Court's wording
(g) Generally, a Receiver’s powers and authority should be limited (h) Reasonable limitations on powers and authority may include the taking of financial accounts such as bank accounts, money market accounts and certificates of deposit or similar accounts owned by the debtor but held by a third party and includes all financial records related to such property (i) Additional powers, such as obtaining information from third-parties holding financial records and obtaining credit reports and related information is acceptable; yet, all powers and authority should be clear, concise and limited
The order should set out the Receiver’s fees as compensation, reasonable costs and expenses incurred and how these are to be taxed against the debtor in addition to those sums provided for in the judgment
Courts prefer wording that the Receivership terminates 120 days after the date of the Order, unless there is an ongoing payment plan and written agreement with the debtor, or an extension is requested by the Receiver and granted by the Court
The order should set whether a Bond is required, if so to whom it is made payable to; however, if required by the Courts any bond will be nominal, fair and reasonable
The filing party must retain an unredacted version of the filed document during the pendency of the case and any related appellate proceedings filed within six months of the date the judgment is signed.
Proposed Orders can include Receiver fees to be set at an hourly rate. Other Orders set the fees as a “percentage of the funds” wording yet, also include that the percentage is “subject to a later determination as to the reasonableness by the Court or the judgment debtor’s written agreement before the fee is paid”
Filing & Service rules
Filing Timing and Cure Windows
If funds were recovered, the receiver must provide the court a written inventory of all property taken within 30 days after the order terminates.
If funds were recovered, the Receiver shall provide the Court a written inventory of all property taken within 30 days of the termination of an Order
Page 8 | TURNOVER AND RECEIVER APPLICATIONS AND ORDERS – JUSTICE COURT - REQUIREMENTS & GENERALLY ACCEPTABLE REQUESTS
The receiver’s oath must be returned to the court within 10 days of the order’s signing.
A Receiver’s oath of office is required and shall be returned to the Court within 10-days of the signing of the Order
Page 8 | TURNOVER AND RECEIVER APPLICATIONS AND ORDERS – JUSTICE COURT - REQUIREMENTS & GENERALLY ACCEPTABLE REQUESTS
Evidence intended for trial must be submitted to the court 48 hours before the trial date.
Any evidence to be submitted during trial must be submitted to the court 48 hours prior to trial date.
Page 1 | RULES OF EVIDENCE SUBMISSION
The clerk may not refuse a nonconforming document but may identify the error and set a deadline for resubmitting a redacted substitute.
The clerk may not refuse to file a document that contains sensitive data in violation of this rule. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit a redacted, substitute document.
Civil cases
Page 2 | (e) Non-Conforming Documents
Service and Proof of Service Rules
A copy of the citation, petition, and order must be sent to the defendant at the authorized address by both registered mail with return receipt requested and regular mail.
1. A copy of the citation, petition, and this Order shall be mailed by BOTH registered mail return receipt requested, AND by regular mail to the Defendant at the same address’s at which service is authorized above.
Civil cases
Page 1 | POLICY FOR ALTERNATIVE SERVICE FOR PROCESS OF CITATION
One alternative-service method is first-class mailing to the defendant at the property and leaving the citation and petition there with a person at least 16 years old.
a. Mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at property, and also leaving a copy of the citation and petition with any person found there who is at least (16) years of age; OR
Civil cases
Page 1 | POLICY FOR ALTERNATIVE SERVICE FOR PROCESS OF CITATION
Another alternative-service method is first-class mailing to a specified address and affixing the citation and petition to the property's front entryway or, if fenced and gated, to the gate.
b. Mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at a specified address, and by affixing to the front entry way of property or if property is surrounded by a fence and gate, by affixing to the gate of said property.
Civil cases
Page 1 | POLICY FOR ALTERNATIVE SERVICE FOR PROCESS OF CITATION
Photos must be taken of the place of service and vehicles there, and a skip trace of the defendant must be obtained.
5. Photos to be taken at the place of service, vehicles at the place of service, and a skip trace of defendant.
Civil cases
Page 1 | POLICY FOR ALTERNATIVE SERVICE FOR PROCESS OF CITATION
The return of service must not be made until 30 days after mailing or until the process server receives tracking or delivery information back from the post office, whichever occurs earlier.
2. The return of service shall not be made until 30 days after mailing or until the process server receives back from the post office tracking and/or delivery, whichever date is earlier.
Civil cases
Page 1 | POLICY FOR ALTERNATIVE SERVICE FOR PROCESS OF CITATION
The return of service by the person executing service must otherwise comply with TRCP Rule 501.
The return of service of the person executing service pursuant shall otherwise be made accordance with TRCP Rule 501.
Civil cases
Page 1 | POLICY FOR ALTERNATIVE SERVICE FOR PROCESS OF CITATION
Alternative service is not perfected unless it also complies with the following listed provisions.
The service made by the abovementioned shall not be deemed perfected unless it also complies with the following provisions:
Civil cases
Page 1 | POLICY FOR ALTERNATIVE SERVICE FOR PROCESS OF CITATION
To arrange citation service by an appropriate County Constable, the plaintiff must provide the court the county, constable’s name and address, and service-fee information.
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 debtor must receive notice of the hearing unless an evidence-based showing establishes why ex parte proceedings are necessary.
These Justice Courts, absent an evidence based showing as to why ex parte is necessary, will require notice of hearing be sent to the debtor;
Page 5 | GENERAL REQUIREMENTS FOR TURNOVER
If an ex parte request lacks evidence showing why it is necessary, it will be denied and notice of the hearing must be sent to the debtor.
Any ex parte request absent evidence demonstrating why ex parte is necessary will be denied and require notice of hearing be sent to the debtor.
Page 7 | TURNOVER AND RECEIVER APPLICATIONS AND ORDERS – JUSTICE COURT - REQUIREMENTS & GENERALLY ACCEPTABLE REQUESTS
The return of service must otherwise be made in accordance with TRCP Rule 501.
The return of service of the person executing service pursuant shall otherwise be made accordance with TRCP Rule 501.
Civil cases
Page 1 | POLICY FOR SERVICE FOR PROCESS OF CITATION IN PERSON
Service is not perfected unless photographs are taken at the service location and of vehicles there, and a skip trace of the defendant is obtained.
The service made by the abovementioned shall not be deemed perfected unless it also complies with the following provisions: 1. Photos to be taken at the place of service, vehicles at the place of service, and a skip trace of defendant.
Civil cases
Page 1 | POLICY FOR SERVICE FOR PROCESS OF CITATION IN PERSON
The submitting party must provide evidence to all parties or the evidence will not be allowed at trial.
It is the responsibility of the submitting party to submit evidence to all parties to the suit if not the evidence will not be allowed during trial.
Page 1 | RULES OF EVIDENCE SUBMISSION
The court will mail the service-fee payment 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
Service may be made on the defendant at the address in the citation by a person over sixteen years old.
Service of process may be made upon defendant at the address in the citation, with anyone over sixteen (16) years of age.
Civil cases
Page 1 | POLICY FOR SERVICE FOR PROCESS OF CITATION IN PERSON
Filing Fees and Waivers
The Justice Court must maintain records of all fees paid.
The Justice Court will, and must, maintain records of all fees paid.
Criminal cases
Page 6 | FEES - (Art. 45.312)
The treasurer must place fees in a special account used only to offset youth diversion program costs.
The fees must be placed by the treasurer into a special account only used to offset the costs of youth diversion programs.
Criminal cases
Page 6 | FEES - (Art. 45.312)
The fee must be waived if the child’s family is indigent, and diversion may not depend on payment of a fee.
This fee will be waived if child's family is indigent, and diversion may not be contingent on payment of a fee.
Criminal cases
Page 6 | FEES - (Art. 45.312)
The service fee must be provided to the court by money order or cashier’s check payable to the appropriate County Constable.
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 Justice Court may collect a $50 administrative fee if payment is an accepted term of the diversion agreement.
The Justice Court may collect a $50.00 administrative fee to defray the costs if this is an accepted term in the diversion agreement.
Criminal cases
Page 6 | FEES - (Art. 45.312)
Sealing & Redaction Procedures
Documents containing sensitive data must be redacted before filing, unless disclosure is specifically required or the document is a will or filed under seal.
Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, an electronic or paper document, except for wills and documents filed under seal, containing sensitive data may not be filed with a court unless the sensitive data is redacted.
Civil cases
Page 1 | (b) Filing of Documents Containing Sensitive Data Prohibited
Redact sensitive data with an “X” for each omitted character or remove it in a way that indicates redaction.
Sensitive data must be redacted by using the letter "X" in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted.
Civil cases
Page 1 | (c) Redaction of Sensitive Data; Retention Requirement
Documents containing sensitive data in violation of the rule must not be posted on the Internet.
Documents that contain sensitive data in violation of this rule must not be posted on the Internet.
Civil cases
Page 2 | (f) Restriction on Remote Access
Adjournment & Extension Requirements
At the hearing, the court may extend the diversion period, but not beyond one year from its initial start date.
Extending the diversion period for a limit not to exceed more than one year from the initial start date;
Criminal cases
Page 6 | REFERRAL FOR HEARING - Art. 45.311
At the hearing, the court may continue the hearing for up to 60 days.
Continuing the hearing for up to 60 days;
Criminal cases
Page 6 | REFERRAL FOR HEARING - Art. 45.311
Chambers Communication Rules
Parties communicating with Court Staff may not record, tape, or photograph by any means.
Furthermore, Recording, Taping, Photographing by any means is Strictly Prohibited by any party communicating with Court Staff at any time and by any means.
Page 2 | IMPORTANT NOTICE TO ALL PARTICIPANTS
Communications between litigants and the Court are conducted electronically, and Court notices and documents to litigants will come from JP4court@huntcounty.net.
All communications from litigants to the Court and the Court to litigants will be conducted electronically using one of the above means of communication. Be aware; all notices, copies, judgments, and other documents sent by the Court to litigants will come from the JP4court@huntcounty.net Email address.
Page 2 | IMPORTANT NOTICE
Beginning April 1, 2025, communications between the Court and litigants must use E-File Texas (preferred), email, or fax and include a valid email address.
Effective Tuesday, April 1, 2025, Justice Court Precinct Four will implement MANDATORY Electronic Communications for ALL cases. All communications between the Court and litigants MUST be sent to the Court via E-File Texas (Preferred), Email, or Fax and MUST include a valid Email address.
Page 2 | IMPORTANT NOTICE
Pro se litigants and attorneys must communicate electronically with the Court through E-File Texas (preferred), email, or fax, and litigant communications must include a valid email address.
All Pro Se litigants (parties not represented by an attorney) and attorneys are required to communicate with the Court electronically. Electronic communication must be conducted by E-File Texas (Preferred), Email, or Fax. ALL litigant communications MUST now include a valid Email address.
Page 2 | IMPORTANT NOTICE
Litigants must immediately notify the Court of any change to their email address on file.
Litigants are responsible for immediately notifying the Court of any change to their Email address on file with the Court.
Page 2 | IMPORTANT NOTICE
Litigants are encouraged to add the Court’s email address to their contacts to prevent Court communications from going to Junk.
To prevent Court communication from being placed on their Junk folder, litigants are encouraged to add the above Email address listed to their address book under contacts.
Page 2 | IMPORTANT NOTICE