Leon County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Objection to motion to retain

An objection to a motion to retain must state its basis in writing.

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

Applies to

Transfer order

A transfer order must identify the court receiving the case.

An Order transferring the cases shall identify the Court to which the case is being transferred

CRITICAL

Applies to

Civil jury trial request

A civil jury-trial request must be in writing.

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.

CRITICAL

Applies to

Notice

If the Defendant is not present to obtain the information, the transferring Court must provide the new precinct and mailing information in writing.

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.

CRITICAL

Applies to

Motion to retain

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

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

Draft order

Each draft order must have a heading showing the cause number, case style, and court in which the case is pending.

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.

CRITICAL

Applies to

Jury waiver

A defendant who waives a jury at docket call must present a written waiver signed by counsel and/or the defendant.

If the defendant waives jury at the docket call, a written waiver, signed by counsel and! or defendant must be presented.

CRITICAL

Applies to

Motion to withdraw as attorney

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

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

INFO

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.