Liberty County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Continuance requests must be made in writing at least three business days before trial or hearing unless the grounds arose later, must comply with applicable notice and pleading requirements, and may be granted or denied with or without a hearing.
- A reset request must be made no later than 24 hours before the setting, unless circumstances justifying the request arise later as determined by the presiding judge.
- 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 given situation arises that prevents the timeliness of the requests. The Judge's ruling on a rest request will be provided in writing; if a request is granted a new court date and time will be provided by the court.
Document Format Requirements1 rule
A draft of an order or judgement shall have its own page and not be typed on the same page as a pleading, motion, certificate of service, or any part thereof.
Document Filing Requirements13 rules
Once a jury is requested by either party, the request can only be withdrawn with written approval of both parties.
A party requesting a civil jury trial shall file a written request to the court no later than 14 days before the date a case is set for trial.
An attorney may withdraw only by written motion showing good cause; the motion must include the substitute attorney's contact information or, if there is no substitute, the party's contact information and delivery of the motion to the party.
Court's wording
An attorney of record may withdraw from representation of a party only upon written motion for good cause shown. If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney. If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party much be provided in the motion.
An order transferring the case shall identify the court to which the case is being transferred and a copy of the order shall be delivered to each party or their attorney of record.
Any party who files a motion to retain shall state in writing the factual and legal basis why the case should not be dismissed for want of prosecution.
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.
If the defendant waives jury at the docket call, a written waiver, signed by attorney of record and/or defendant must be presented.
Before the case continues, the court must receive written notice of an attorney substitution containing information about the original attorney, substitute attorney, and defendant.
Court's wording
If an attorney is to be substituted as an attorney for the party, the court must receive written notification of the substitution prior to continuing with the case. The notification shall include the original attorney's information, the substitute attorney's information, and the defendant's information for whom the substitution is occurring.
A party desiring to have file-stamped copies of any document returned to them by mail, shall include with the original document to be filed a self-addressed, postage-paid envelope for the court s return.
The Court may rule on the motion with or without a hearing. Parties wanting to provide oral argument shall request a hearing in their motion or objection.
As far as practicable, every draft of an order or judgment to be signed by a judge should be approved as to form by attorneys for all parties prior to being presented to the judge.
Each draft shall have a proper heading including the cause number, the style of the case, and the court in which the case is pending.
An Order transferring the case shall identify the Court to which the case is being transferred
Filing & Service rules
Filing Timing and Cure Windows
A civil jury demand is due at least 14 days before the scheduled trial date; an untimely demand waives the jury-trial right unless the presiding judge excuses the late filing for good cause.
A party requesting a civil jury trial shall file a written request to the court no later than 14 days before the date a case is set for trial. If the demand is not timely, then the right for a jury trial is waived, unless the late filing is excused by the presiding judge for good cause.
Page 5 | 3.3 Jury Demand
A motion to retain must be filed at least 10 business days before the dismissal date specified in the notice.
Motions to retain shall be filed with the Court at least 10 business days prior to the date specified in the notice of dismissal for want of prosecution.
Page 7 | 3.10.2 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.
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 | 3.10.2 Procedures for Retaining Cases and Objecting to Motions to Retain
Service and Proof of Service Rules
A copy of a transfer order must be delivered to each party or the party's attorney of record.
An order transferring the case shall identify the court to which the case is being transferred and a copy of the order shall be delivered to each party or their attorney of record.
Page 6 | Civil Cases
Parties in Justice Court suits must provide enough copies of petitions and accompanying documents for all parties being served.
In accordance with Part V of the Texas Rules of Civil Procedure (TCRP), parties in Justice Court suits are responsible for providing an adequate number of copies of petitions and accompanying documents filed with the court for all parties being served.
Page 6 | 3.4 Provision and Cost of Copies
If no substitute attorney is appointed, the withdrawal motion must be delivered to the party.
If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party much be provided in the motion.
Page 6 | 3.8 Withdrawal or Substitution of Counsel
A copy of a transfer order must be delivered to each party or the party’s attorney of record.
a copy of the Order shall be delivered to each party or their attorney of record.
Page 8 | 4.3 Order of Transfer
The clerk dockets the case and mails a hearing notice to the filing party and all other respondents listed in the petition.
The case is docketed by the court clerk and a hearing notice is mailed to the filing party and all other respondents listed in the petition (i.e. towing company, vehicle storage facility, person/entity/law enforcement agency who authorized the towing, etc.).
Page 10 | 5.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)
Filing Fees and Waivers
Jury fees must be paid when the jury request is submitted and are non-refundable.
Jury fees are to be paid at the time of the request being submitted to the court. Once a jury is requested by either party, the request can only be withdrawn with written approval of both parties. Jury fees are non-refundable.
Page 5 | 3.3 Jury Demand
A proper request must be filed with the applicable filing fees to trigger a tow hearing.
A proper request filed under this section with the applicable filing fees will trigger a hearing.
Page 10 | 5.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings)
A court may charge a party who fails to provide required copies up to $1.00 for the first page of a titled document and $0.25 for each additional page.
A court may assess fees to the party who fails to comply with TCRP, in order to provide necessary copies of documents to parties, up to $1.00 for a titled document first page and $0.25 for each additional page of the document.
Page 6 | 3.4 Provision and Cost of Copies
Pre-Motion Conference Requirements
When practicable, a party seeking a continuance should try to confer with the opposing parties before filing the motion to obtain agreement to the delay.
When practicable, prior to filing a motion for continuance, the party seeking a continuance in a justice civil case should attempt to confer with the opposing party or parties in an effort to secure an agreement to the delay.
Page 6 | 3.6 Motions for Continuance / Postponement of Trial
Adjournment & Extension Requirements
Continuance requests must be made in writing at least three business days before trial or hearing unless the grounds arose later, must comply with applicable notice and pleading requirements, and may be granted or denied with or without a hearing.
Requests for continuance must be submitted to the court in writing at least three business days preceding the date of the trial or hearing, unless it may be shown that the grounds for the request arose thereafter. The notice and pleading requirement of law must be followed. Motions for continuance may be granted or denied with or without a hearing by the court
Page 6 | 3.6 Motions for Continuance / Postponement of Trial
An attorney with an actual or scheduled trial conflict must promptly notify the Justice Court in writing of the conflicting case number and court; the case is reset upon court confirmation, but may proceed without further notice if the conflict was misrepresented, and the attorney must ensure the reset motion was granted.
An attorney who is, or is scheduled, to be in trial in another court, will, in writing and as soon as the conflict becomes apparent, inform the Justice Court of the case number and the court in which the conflicting case is being tried. When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice. An attorney who requests a reset under this rule is responsible for ensuring the motion was granted by the presiding
Page 6 | 3.7 Conflicting Engagements of Attorneys
A reset request must be made no later than 24 hours before the setting, unless circumstances justifying the request arise later as determined by the presiding judge.
Defendants or attorneys may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by judge presiding over the case.
Page 8 | 4.7 Setting of Cases
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 given situation arises that prevents the timeliness of the requests. The Judge's ruling on a rest request will be provided in writing; if a request is granted a new court date and time will be provided by the court.
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 given situation arises that prevents the timeliness of the requests. The Judge's ruling on a rest request will be provided in writing; if a request is granted a new court date and time will be provided by the court.
Page 9 | 5.1 Driver's License Suspension and Revocation Hearings
An attorney who is or will be in trial elsewhere must promptly notify the Justice Court in writing of the conflicting case number and court; the case will be reset if the court confirms the assignment, and the attorney must ensure the reset motion is granted.
An attorney who is or is scheduled to be in trial in another court, will, in writing and as soon as the conflict becomes apparent, inform the Justice Court of the case number and the court in which the conflicting case is being tried. When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice. An attorney who requests a reset under this rule is responsible for ensuring that the motion was granted by the presiding judge.
Page 9 | 4.11 Conflicting Engagements of Attorneys
Chambers Communication Rules
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.
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 4 | Rules of Decorum; 2.2 Attorneys