Leon County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Attorneys or defendants may request one reset under court rules, no later than the day before the current setting.
- For a jury trial, State and Defense must announce ready or file a written continuance motion at least 24 hours before trial.
- A written request to reset a hearing must be submitted to the court within 24 hours of the scheduled hearing, unless a situation prevents meeting that timeline.
Communication
Phone
Clerk
Document Format Requirements3 rules
A draft order must not share a page with a pleading, motion, or certificate of service, or any part of one.
Court's wording
A draft ofan order shall not be typed on the same page with a pleading, motion, certificate of service, or any pa rt thereof, and each such draft shall have a II heading showing the cause number, the style of the case, and the court in which it is pending.
The defendant has 10 days to object in writing to the transfer.
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,
Document Filing Requirements9 rules
An Order transferring the cases shall identify the Court to which the case is being transferred
A civil jury-trial request must be in writing.
Court's wording
A party requesting a civil jury trial shall file a written request with the court in which the case is filed not later than 14 days before the date a case is set for trial, except for Eviction Cases, which is 3 days.
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.
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.
Each draft order must have a heading showing the cause number, case style, and court in which the case is pending.
Court's wording
A draft ofan order shall not be typed on the same page with a pleading, motion, certificate of service, or any pa rt thereof, and each such draft shall have a II heading showing the cause number, the style of the case, and the court in which it is pending.
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
If the defendant waives jury at the docket call, a written waiver, signed by counsel and! or defendant must be presented.
The Court of transfer must notify the Defendant of the precinct and mailing information of the new venue in writing if the Defendant is not in the court in person to obtain this information.
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 may file a motion objecting to mediation within 10 days after notice, and the case may be excused if the Court finds a reasonable basis.
Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral. If any party to a case files a motion objecting to the referral to mediation, and the Court finds that there is a reasonable basis for the objection, the case may be excused from the referral.
Page 5 | 2.2 Mediation
A civil jury-trial request must be filed at least 14 days before trial, except in Eviction Cases.
A party requesting a civil jury trial shall file a written request with the court in which the case is filed not later than 14 days before the date a case is set for trial, except for Eviction Cases, which is 3 days.
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 ple,as must be filed three days before the scheduled trial before the court.
Page 7 | 2.8 Matters Preliminary to Trial on the Merits
An objection to a motion to retain must state its basis in writing within 3 days after service of the motion.
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 9 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
A motion to retain must be filed at least 10 working days before the dismissal date stated in the notice.
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 9 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
If a date mentioned in the rules falls on a court holiday, the applicable date moves to the first date following 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.
Page 11 | 2.13 Holidays
The defendant has 10 days to object to the transfer.
The defendant has 10 days to object in writing to the transfer.
Page 18 | 5.2. Criminal Cases
Service and Proof of Service Rules
A copy of the transfer order must be delivered to each party or that party's attorney of record.
a copy of the Order shall be delivered to each party or their attorney of record.
Page 6 | 2.6.1 Assignment and Transfer of Cases
A movant must deliver each pleading to the opposing party and the court as to manner and timing required by the Texas Rules of Civil Procedure.
A movant shall deliver a copy of each pleading to any opposing party and to the court in the manner and within the time provided by the Texas Rules of Civil Procedure.
Page 8 | 2.8 Matters Preliminary to Trial on the Merits
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, 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.
Page 11 | 2.14 Authorization to Serve Citation (Rule 103)
Adequate notice for an attorney's motion to withdraw must be sent by certified mail with return receipt requested.
Adequate notice is by certified mail, return receipt requested.
Page 14 | 3.6 Motion to Withdraw or Substitute
A person may apply for court authorization to serve citations and notices by filing a written affidavit, and the Court may authorize service if it approves the application.
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. The Court may, upon a p pro val of the application, authorize service by the applicant in all appropriate suits pending in that Justice Court.
Page 11 | 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
Adjournment & Extension Requirements
Continuances are heard at times scheduled by the court, must meet applicable notice and pleading requirements, and may be heard later only when based on grounds arising after the scheduled time.
Continuances will be heard at such times as scheduled by the court. The notice and pleading requirements of the law must be followed. Continuances may not be heard thereafter unless they allege grounds which arose only after that time.
Page 6 | 2.6 Continuances
Attorneys or defendants may request one reset under court rules, no later than the day before the current setting.
Attorneys or defendants may request one reset no later than the day before the current setting in accordance with court rules.
Page 12 | 3.3 Setting Cases
Pretrial hearings remain set for their scheduled day unless the Court grants a written State or Defense motion for continuance.
All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 13 | (a) Pretrial
Cases are tried on their scheduled date unless the Court grants a written State or Defense motion for continuance.
All cases shall be tried when set unless a written State or Defense motion for continuance is granted.
Page 13 | (b) Trial before the Court (TBC)
For a jury trial, State and Defense must announce ready or file a written continuance motion at least 24 hours before trial.
State and Defense must either announce ready or file a written motion for continuance J not less than 24 hours before trial by jury.
Page 13 | (c) Jury Trial
A written request to reset a hearing must be submitted to the court within 24 hours of the scheduled hearing, unless a situation prevents meeting that timeline.
Requests for a reset of your hearing must be made in writing and submitted to the court within 24 hours of the scheduled hearing, unless a situation arises that prevents the timeline of the requests.
Page 19 | 6.1 Driver's License Suspension and Revocation Bearings
Defendants may discuss their cases with a prosecutor, enter a guilty or no-contest plea, or reset the case for trial.
Defendants may discuss their cases with a prosecutor, plead guilty or no contest to resolve the case, or reset the case for trial
Page 12 | 3.3 Setting Cases
Chambers Communication Rules
The parties are responsible for arranging in advance with the court's clerk to
The parties are responsible for arranging in advance with the court's clerk to
Page 6 | 2.7 Uncontested Docket
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.
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 7
At any time, including after a telephone conference call, the judge may require an in-court hearing if telephone is insufficient, upon notice to all parties.
At any time, even after the completion of a conference call, a judge may determine that a hearing by telephone will not be sufficient and may require a hearing in court upon notice to all parties.
Page 8 | 2.9 Hearings Conducted by Telephone
The judge will not initiate a conference call, and the requesting party must make all arrangements with telephone operators.
A judge will not initiate a conference call. All arrangements with telephone operators must be made by the requesting party.
Page 8 | 2.9 Hearings Conducted by Telephone
A party or attorney may appear by telephone conference call if the judge allows it, and a party’s request must be made in advance.
At the discretion of the judge, a party or attorney may appear by telephone conference call. A request by a party for such an arrangement must be made in advance.
Page 8 | 2.9 Hearings Conducted by Telephone
(c) All objections, arguments, and other comments by counsel shall be directed to the Judge or jury and not to opposing counsel.
(c) All objections, arguments, and other comments by counsel shall be directed to the Judge or jury and not to opposing counsel.
Page 16 | 4.4 Attorneys
Attorneys should observe the ethical canons, including those concerning media discussions of cases and improper ex parte communications with the Judge.
(a) Attorneys should observe the letter and sI?irit 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 16 | 4.4 Attorneys
Questions about jury impaneling or jury service may be directed by phone to the jury office at the District Clerk’s office.
Questions about the jury impaneling process and jury service may be addressed to the jury office at the office of the District Clerk at 903-536-2227.
Page 4 | 1.6 Jury Selection
In rare cases and in the interest of justice, the court may permit a witness to appear by telephone conference call.
In rare cases in the interest ofjustice, the court may permit a witness to appear by telephone conference call.
Page 8 | 2.9 Hearings Conducted by Telephone
Defense attorneys or defendants may request case settings from the Court Clerk in the Justice Court where the case is docketed.
Cases are set by the Court Clerk at the request of defense attorneys or defendants in the Justice Court in which the case is docketed.
Page 12 | 3.3 Setting Cases