Kerr County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance request must be written and made at least 24 hours before the scheduled court date; the court may continue a suit for good cause shown by affidavit.
- Attorneys or defendants may reset a case under court rules no later than the day before its current setting.
Communication
Phone
Document Format Requirements4 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 l0th day before trial.
- Jury trial request
Formatting
- •The request for a civil jury trial must be in writing
(b) The defendant has 10 days to object in writing to the transfer.
- Objection
Formatting
- •An objection to the transfer must be in writing
The word "entered" should not be used in the line provided immediately above the judge's signature to show the date on which a judgment or order is signed.
A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof, and each such draft shall have a heading showing the cause number, the style of the case, and the court in which it is pending.
Document Filing Requirements6 rules
(b) Any party who files a motion to retain shall state in writing the factual and legal bases why the case should not be dismissed for want of prosecution.
(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.
A motion to withdraw may be granted without a hearing only if it includes the required party-attorney consents, client consent or a specific explanation, and a certificate of 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.
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 waiver, signed by counsel and/ or defendant must be presented.
So far as practicable, every draft of a judgment or order to be signed by a judge should be approved as to form by attorneys for all parties before it is presented to the judge.
Filing & Service rules
Filing Timing and Cure Windows
A party must file a motion objecting to mediation referral within 10 days after 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 5 | 2.2 Mediation
A party requesting a civil jury trial must file a written request no later than the 10th 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 l0th day before trial.
Page 6 | 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 6 | 2.7 Matters Preliminary to Trial on the Merits
A motion to retain must be filed at least 10 working days before the date stated in the dismissal 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 7 | 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 7 | 2.9.4 Procedures for Retaining Cases and Objecting to Motions to Retain
Pretrial motions must be filed and served on the County Attorney 21 days before any pretrial hearing.
Pretrial motions must be filed and served on the County Attorney 21 days prior to any pretrial hearing.
Page 10 | 3.3 Setting Cases
A defendant has 10 days to object in writing to a criminal-case transfer.
(b) The defendant has 10 days to object in writing to the transfer.
Page 14 | 5.2. Criminal Cases
A date in these rules that falls on a court holiday moves to the first date following the holiday, and court holidays coincide with County holidays.
When any date mentioned in these rules falls on a court holiday then the applicable date shall be the first date following the holiday. The court holidays shall coincide with County holidays.
Page 9 | 2.13 Holidays
Service and Proof of Service Rules
If the stated requirements are not satisfied, a motion to withdraw or substitute counsel must be presented at a hearing after notice to the client and all other parties.
If all requirements above are not satisfied, a motion to withdraw or to substitute another attorney must be presented at a hearing after notice to the client and to all other parties.
Page 9 | Chapter 2 — Civil Cases
Pretrial motions must be served on the County Attorney 21 days before any pretrial hearing.
Pretrial motions must be filed and served on the County Attorney 21 days prior to any pretrial hearing.
Page 10 | 3.3 Setting Cases
Adequate notice for an attorney's motion to withdraw must be sent by certified mail, return receipt requested.
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 11 | 3.6 Motions to Withdraw or substitute
A person seeking court authorization to serve citations or notices may apply by written affidavit on a court-supplied form or a similar suitable application, and the Court may authorize service upon approval.
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 on a form supplied by the Court or a similar suitable application. The Court may, upon approval of the application, authorize service by the applicant in all appropriate suits pending in that Justice Court.
Page 9 | 2.14 Authorization to Serve Citation (Rule 103)
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 6 | 2.4 Demand for Jury
Pre-Motion Conference Requirements
In jury cases, motions in limine, exceptions, and pretrial motions and pleas must be presented and heard at the pretrial hearing, except continuance motions based on new circumstances.
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.
Page 6 | 2.7 Matters Preliminary to Trial on the Merits
Adjournment & Extension Requirements
A continuance request must be written and made at least 24 hours before the scheduled court date; the court may continue a suit for good cause shown by affidavit.
Continuances shall be made in writing at least 24 hours prior to the scheduled court date. The justice court, for good cause shown, supported by affidavit, may continue any suit pending before it to the next regular term of court, or postpone the same to some other day of term.
Page 6 | 2.5 Continuances
Pretrial hearings remain set for their scheduled day unless a written State or Defense motion for continuance is granted.
All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 10 | 3.3 Setting Cases
Cases must be tried when set unless a written State or Defense motion for continuance is granted.
All cases shall be tried when set unless a written State or Defense motion for continuance is granted.
Page 10 | 3.3 Setting Cases
At the 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 11 | Jury Trial
Attorneys or defendants may reset a case under court rules no later than the day before its current setting.
Attorneys or defendants may reset cases no later than the day before the current setting in accordance with court rules.
Page 10 | 3.3 Setting Cases
Chambers Communication Rules
Parties must arrange with the clerk in advance to have files ready, and must provide each case’s number and style at least 24 hours ahead if presenting more than two cases at the uncontested docket.
The parties are responsible for arranging in advance with the court's clerk to have the files pulled and available for the court. If more than two cases will be presented at the uncontested docket, please inform the clerk of the cause number and style of each case at least 24 hours in advance.
Page 6 | 2.6 Uncontested Docket
The requesting party must arrange the telephone operator for a conference call; the judge will not initiate the call.
A judge will not initiate a conference call. All arrangements with telephone operators must be made by the requesting party.
Page 7 | Telephone conference call
Questions about jury impaneling or jury service may be directed to the jury office by phone.
Questions about the jury impaneling process and jury service may be addressed to the jury office at 830-792-2290.
Page 4 | 1.6 Jury Selection
Attorneys should anticipate needs to move furniture, appliances, or easels and make advance arrangements with the Court.
(g) Attorneys should anticipate any need to move furniture, appliances, or easels, and should make advance arrangements with the Court.
Page 13
Attorneys should observe the ethics canons, including those concerning media discussions and improper ex parte communications with the Judge.
(a) Attorneys should observe the letter and spirit of all canons of ethics, including those dealing with discussion of cases with representatives of the media and those concerning improper ex parte communications with the Judge.
Page 13