Kerr County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Motion to withdraw

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.

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

Motion to retain

A motion to retain must state in writing the factual and legal bases for retaining the case.

(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.

CRITICAL

Applies to

Jury waiver

When a 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 waiver, signed by counsel and/ or defendant must be presented.

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, either before or with the return; the affidavit may be included in 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

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.

WARNING

Applies to

Draft judgment or order

So far as practicable, attorneys for all parties should approve a draft judgment or order as to form before it is presented to the judge.

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.