Liberty County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Jury request withdrawal

A jury request may be withdrawn only with the written approval of both parties.

Once a jury is requested by either party, the request can only be withdrawn with written approval of both parties.

CRITICAL

Applies to

Motion to retain

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

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.

CRITICAL

Applies to

Jury waiver

If the defendant waives a jury at docket call, a written waiver signed by the attorney of record and/or defendant must be presented.

If the defendant waives jury at the docket call, a written waiver, signed by attorney of record and/or defendant must be presented.

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

Withdrawal or substitution motion

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.

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.

CRITICAL

Applies to

Civil jury demand

A party requesting a civil jury trial must file a written request with the court.

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.

CRITICAL

Applies to

Substitution notice

Before the case continues, the court must receive written notice of an attorney substitution containing information about the original attorney, substitute attorney, and defendant.

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.

CRITICAL

Applies to

Case transfer order

A transfer order must identify the transferee court.

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.

WARNING

Applies to

Motion or objection

The court may decide a motion to retain with or without a hearing; a party seeking oral argument must request a hearing in its motion or objection.

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.

WARNING

Applies to

Document for return by mail

A party who wants file-stamped copies returned by mail must submit a self-addressed, postage-paid envelope with the original filing.

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.

WARNING

Applies to

Draft order or judgment

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

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.

WARNING

Applies to

Transfer order

A transfer order must identify the court to which the case is being transferred.

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

WARNING

Applies to

Draft order or judgment

Must include

caption, case number

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.

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.