Montague County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A motion for continuance must be filed at least three business days before the trial or hearing.
- Motions for continuances must be filed at least three business days before trial or hearing and must follow applicable notice and pleading requirements.
Communication
Phone
Document Format Requirements7 rules
A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof
(b) The defendant has 10 days to object in writing to the transfer.
A party requesting a civil jury trial shall file a written request for a jury, no later than the 14 days before the date a case is set for trial.
- Jury trial request
Formatting
- •The jury request must be in writing
A draft of an order shall not be typed on the same page with a pleading, motion, certificate of service, or any part thereof
have a heading showing the cause number, the style of the case, and the court in which it is pending.
A party requesting a civil jury trial shall file a written request for a jury, no later than the 14 days before the date a case is set for trial.
Formatting
- •The request for a civil jury trial must be in writing
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 Requirements20 rules
To assert a vacation letter, please file a motion for continuance with a copy of your vacation letter attached to your motion and a proposed order.
- Document
- Motion for continuance
Include
- •Proposed order
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
have a heading showing the cause number, the style of the case, and the court in which it is pending.
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.
(c) Files a certificate stating the last known mailing address of the client.
(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.
To assert a vacation letter, please file a motion for continuance with a copy of your vacation letter attached to your motion and a proposed order.
- Document
- Motion for continuance
Include
- •Proposed order
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;
Parties objecting to a motion to retain shall state in writing the basis for any objection to the motion to retain within three (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 basis why the case should not be dismissed for Want of Prosecution.
(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;
(c) Files a certificate stating the last known mailing address of the client.
If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.
After the 90-day probation period for Driving While License Invalid is completed, a sworn affidavit concerning the required violation-free period is required.
Court's wording
IT IS ORDERED that the deferral period shall be 90 days, during which the defendant MUST NOT receive another non-moving violation for a new offense of "DRIVING WHILE LICENSE INVALID", and a sworn affidavit to that effect is required after the 90 day probation period is completed.
After the 90-day probation period for Failure to Provide Proof of Financial Responsibility is completed, a sworn affidavit concerning the required violation-free period is required.
Court's wording
IT IS ORDERED that the deferral period shall be 90 days, during which the defendant MUST NOT receive another non-moving violation for a new offense of "Failure to Provide Proof of Financial Responsibility", and a sworn affidavit to that effect is required after the 90 day probation period is completed.
IT IS ORDERED that the deferral period shall be 90 days, during which the defendant MUST NOT receive another moving violation, and a sworn affidavit to that effect is required after 90 days probation is completed, unless otherwise indicated by these orders.
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
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.
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
Electronic Filing Rules
Unless the Court directs otherwise, a defendant may submit a written plea by fax, email, or regular or certified mail, with a mailed plea postmarked by the appearance date.
Unless otherwise directed by the Court, defendants will appear at the Justice of the Peace court in which the case is filed, 1. According to the ON OR BEFORE date and location stated on their citation, OR 2. Submit a written plea by fax or email to the Court by the appearance date, OR 3. Submit a written plea by regular or certified mail which is postmarked by the appearance date.
Page 10 | 3.2 First Appearance
Justice of the Peace Courts currently do not provide e-filing services.
Justice of the Peace Courts do not currently provide e-filing services.
Page 6 | 2.1.1 E-Filing
Justice of the Peace Courts currently do not provide electronic filing services.
Justice of the Peace Courts do not currently provide e-filing services.
Page 6 | 2.1.1 E-Filing
Filing Timing and Cure Windows
A party has 10 days from notice of a mediation referral to file an objection motion.
Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral.
Page 6 | 2.3 Mediation
A party requesting a civil jury trial must file a written jury request at least 14 days before trial.
A party requesting a civil jury trial shall file a written request for a jury, no later than the 14 days before the date a case is set for trial.
Page 6 | 2.6 Demand for Jury
In non-jury cases, exceptions, motions, and pleas must be filed with the Court three days before the scheduled trial.
For non-jury cases, all exceptions, motions and pleas must be filed with the Court, three (3) days prior to the scheduled trial.
Page 7 | 2.9 Matters Preliminary to Trial on the Merits
An objection to a motion to retain must state its basis in writing within three 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 three (3) days of service of a motion to retain.
Page 8 | 2.11.4 Procedures for Retaining Cases / Objecting to Motions to Retain
A motion to retain must be filed at least ten working days before the dismissal date stated in the notice.
Motions to retain shall be filed with the Court at least ten (10) working days prior to the date specified in the notice of dismissal for want of prosecution.
Page 8 | 2.11.4 Procedures for Retaining Cases / Objecting to Motions to Retain
A date mentioned in the rules that falls on a court holiday, temporary closure, or early closing before 5:00 p.m. moves to the first business date afterward.
When any date mentioned in these rules (a) falls on a Court holiday, OR (b) A date when the Court has been temporarily closed, OR (c) A date when the the Court closes before 5:00 p.m., then the applicable date shall be the first business date following the holiday, temporary closing or early closing time.
Page 9 | 2.14 Holidays and Other Temporary Closings
A request for a language interpreter or disability-related special assistance must be made when the plea is entered.
A request for a language interpreter or special assistance for persons with disabilities shall be made at the time a plea is entered.
Page 10 | 3.2 First Appearance
Unless the Court directs otherwise, defendants must appear at the court and location stated on the citation by its stated date, or submit a written plea by fax or email by that date or by mail postmarked by that date.
Unless otherwise directed by the Court, defendants will appear at the Justice of the Peace court in which the case is filed, 1. According to the ON OR BEFORE date and location stated on their citation, OR 2. Submit a written plea by fax or email to the Court by the appearance date, OR 3. Submit a written plea by regular or certified mail which is postmarked by the appearance date.
Page 10 | 3.2 First Appearance
The defendant has 10 days to object to the transfer.
(b) The defendant has 10 days to object in writing to the transfer.
Page 13 | 4.2 Criminal Cases
A party receiving notice of a mediation referral has 10 days from the notice date to file an objection motion.
Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral.
Page 6 | 2.3 Mediation
A civil jury-trial request must be filed no later than 14 days before the scheduled trial date.
A party requesting a civil jury trial shall file a written request for a jury, no later than the 14 days before the date a case is set for trial.
Page 6 | 2.6 Demand for Jury
In non-jury cases, exceptions, motions, and pleas must be filed with the Court three days before the scheduled trial.
For non-jury cases, all exceptions, motions and pleas must be filed with the Court, three (3) days prior to the scheduled trial.
Page 7 | 2.9 Matters Preliminary to Trial on the Merits
A motion to retain must be filed at least ten working days before the date specified in the dismissal notice.
Motions to retain shall be filed with the Court at least ten (10) working days prior to the date specified in the notice of dismissal for want of prosecution.
Page 8 | 2.11.4 Procedures for Retaining Cases / Objecting to Motions to Retain
An objection to a motion to retain must state its basis in writing within three 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 three (3) days of service of a motion to retain.
Page 8 | 2.11.4 Procedures for Retaining Cases / Objecting to Motions to Retain
A date mentioned in the rules that falls on a court holiday, temporary closing, or early closing before 5:00 p.m. moves to the first business date afterward.
When any date mentioned in these rules (a) falls on a Court holiday, OR (b) A date when the Court has been temporarily closed, OR (c) A date when the the Court closes before 5:00 p.m., then the applicable date shall be the first business date following the holiday, temporary closing or early closing time.
Page 9 | 2.14 Holidays and Other Temporary Closings
Unless the Court directs otherwise, defendants must appear by the date and at the location on the citation, or submit a written plea by fax, email, or mail postmarked by the appearance date.
Unless otherwise directed by the Court, defendants will appear at the Justice of the Peace court in which the case is filed, 1. According to the ON OR BEFORE date and location stated on their citation, OR 2. Submit a written plea by fax or email to the Court by the appearance date, OR 3. Submit a written plea by regular or certified mail which is postmarked by the appearance date.
Page 10 | 3.2 First Appearance
Pre-trial hearings must be submitted to the County Attorney before the agreed Pre-Trial Docket.
Pre-trial Hearings are submitted to the County Attorney prior to an agreed Pre-Trial Docket.
Page 11 | 3.5.1 Pre-trial Hearings
The defendant has 10 days to object to the transfer in writing.
(b) The defendant has 10 days to object in writing to the transfer.
Page 13 | 4.2 Criminal Cases
Service and Proof of Service Rules
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 7 | 2.9 Matters Preliminary to Trial on the Merits
If the preceding requirements are not met, the motion to withdraw or substitute counsel must be presented at a hearing after notice to the client and all other parties.
If all requirements above are not satisfied, a motion to withdraw or to substitute another attorney must be presented at a hearing after notice to the client and to all other parties.
Page 9 | Chapter 2 - Justice Court Civil Cases
Self-represented litigants must provide notice of filings to the other parties as required by Texas Rule of Civil Procedure 501.4.
This includes, but is not limited to, providing notice of filings to other parties in a case as outlined in Rule 501.4 of the Texas Rules of Civil Procedure.
Page 17 | 7.6 Self-Represented/Pro Se Litigants
A movant must deliver each pleading to the opposing party and the Court in the manner and within the time 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 7 | 2.9 Matters Preliminary to Trial on the Merits
If the preceding requirements are not satisfied, the withdrawal or substitution motion must be presented at a hearing after notice to the client and all other parties.
If all requirements above are not satisfied, a motion to withdraw or to substitute another attorney must be presented at a hearing after notice to the client and to all other parties.
Page 9
Notices are mailed to defendants placed on a Pre-Trial Court Docket.
Notices are mailed to defendants who have been set on a Pre-Trial Court Docket.
Page 11 | 3.5.1 Pre-trial Hearings
Self-represented litigants must follow the applicable Justice Court rules, including providing other parties notice of filings as required by Rule 501.4.
Justice Courts must be read and followed. This includes, but is not limited to, providing notice of filings to other parties in a case as outlined in Rule 501.4 of the Texas Rules of Civil Procedure.
Page 17 | 7.6 Self-Represented/Pro Se Litigants
Notices are mailed to defendants placed on a Pre-Trial Court Docket.
Notices are mailed to defendants who have been set on a Pre-Trial Court Docket.
Page 11 | 3.5.1 Pre-trial Hearings
Filing Fees and Waivers
When filing a written jury request, the $22 jury fee or a Statement of Inability must be received.
The jury fee of $22 or a Statement of Inability shall be received upon filing the written request.
Page 6 | 2.6 Demand for Jury
When filing a written jury request, the party must provide the $22 jury fee or a Statement of Inability; otherwise, the jury-trial right is waived unless the Judge excuses the failure for good cause.
The jury fee of $22 or a Statement of Inability shall be received upon filing the written request. If not, then the right to a jury trial is waived, unless excused by the Judge for a good cause.
Page 6 | 2.6 Demand for Jury
For a deferred-disposition request for Failure to Provide Proof of Financial Responsibility, the defendant must pay court costs and the special expense fee in full at the time of the request, or agree to pay the outstanding amount in three equal payments within the first 60 days of probation.
A court clerk MAY process a request for Deferred Disposition at the Court Clerk window, or by a regular mail, fax or email plea with a Deferred request, for the offense of Failure to Provide Proof of Financial Responsibility, IF the defendant meets the following "Standard Conditions"; 1) the defendant pays in-full at the time of the request, all court costs and special expense fee (which may be equal to the maximum fine that could be imposed at the time the court grants the deferral) OR 2) the defendant enters a pay agreement to pay in-full the outstanding amount for all court costs and the special expense fee in 3 equal payments within the first 60 days of the probation period.
Criminal cases
Page 1 | FAIL TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY
A deferred-disposition request requires payment in full of court costs and the special expense fee at the time of the request, or an agreement to pay the outstanding amount in three equal payments within the first 60 days of probation.
A court clerk MAY process a request for Deferred Disposition at the Court Clerk window, or by a regular mail, fax or email plea with a Deferred request, IF the defendant meets the following "Standard Conditions": 1) the defendant pays in-full at the time of the request, all court costs and special expense fee (which may be equal to the maximum fine that could be imposed at the time the court grants the deferral) OR 2) the defendant enters a pay agreement to pay in-full the outstanding amount for all court costs and the special expense fee in 3 equal payments within the first 60 days of the probation period.
Criminal cases
Page 2 | Judicial Standing Order Deferred Disposition
Pre-Motion Conference Requirements
Exceptions, motions, and pleas not presented and heard at scheduled pre-trial hearings are deemed waived unless good cause is shown.
All such exceptions, motions, and pleas not presented and heard at scheduled pre-trial hearings will be deemed waived, except upon a showing of good cause.
Page 7 | 2.9 Matters Preliminary to Trial on the Merits
Motions in limine, exceptions, and other pre-trial motions must be presented and heard at a pre-trial hearing, except continuance motions based on new circumstances.
Except for motions for continuance based on new circumstances, all motions in limine, exceptions and all pre-trial motions shall be presented and heard at a pre-trial hearing.
Page 7 | 2.9 Matters Preliminary to Trial on the Merits
Except for continuance motions based on new circumstances, motions in limine, exceptions, and pretrial motions must be presented and heard at a pretrial hearing or they are waived absent good cause.
Except for motions for continuance based on new circumstances, all motions in limine, exceptions and all pre-trial motions shall be presented and heard at a pre-trial hearing. All such exceptions, motions, and pleas not presented and heard at scheduled pre-trial hearings will be deemed waived, except upon a showing of good cause.
Page 7 | 2.9 Matters Preliminary to Trial on the Merits
Adjournment & Extension Requirements
A motion for continuance must be filed at least three business days before the trial or hearing.
Motions for continuances must be filed three (3) business days preceding the date of the trial or hearing.
Page 7 | 2.7 Continuances
Pre-Trial Hearings are held as scheduled unless the court grants a written State or Defense motion for continuance.
Pre-Trial Hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 11 | 3.5.1 Pre-trial Hearings
Cases are tried as scheduled 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 11 | 3.5.2 Trial before the Court (TBC)
At the scheduled jury setting, the State and Defense must announce ready or file a written motion for continuance.
State and Defense must either announce ready or file a written motion for continuance.
Page 11 | 3.5.3 Jury Trial
Motions for continuances must be filed at least three business days before trial or hearing and must follow applicable notice and pleading requirements.
Motions for continuances must be filed three (3) business days preceding the date of the trial or hearing. The notice and pleading requirements of law must be followed.
Page 7 | 2.7 Continuances
Cases are tried on their scheduled date unless the court grants a written continuance motion by the State or Defense.
All cases shall be tried when set unless a written State or Defense motion for continuance is granted.
Page 11 | 3.5.2 Trial before the Court (TBC)
At the scheduled jury setting, the State and Defense must announce ready or file a written motion for continuance.
State and Defense must either announce ready or file a written motion for continuance.
Page 11 | 3.5.3 Jury Trial
Pre-Trial Hearings are held as scheduled unless the court grants a written continuance motion by the State or Defense.
Pre-Trial Hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 11 | 3.5.1 Pre-trial Hearings
The Court will honor a timely-filed vacation letter only if the case has not already been preferentially set for trial.
The Court will honor a timely-filed vacation letter, provided the case has not already been preferentially set for trial.
Page 7 | 2.7 Continuances
Requests to reset the hearing should be made to the Texas Department of Public Safety, which will coordinate with the Court to determine the next available court date.
Any requests for a reset of the hearing should be made to the Texas Department of Public Safety, who will coordinate with the Court to determine the next court date available.
Page 14 | 5.1 Driver's License Suspension and Revocation Hearings
The Court will honor a timely-filed vacation letter if the case has not already been preferentially set for trial; the litigant must assert it through a motion for continuance.
The Court will honor a timely-filed vacation letter, provided the case has not already been preferentially set for trial. To assert a vacation letter, please file a motion for continuance with a copy of your vacation letter attached to your motion and a proposed order.
Page 7 | 2.7 Continuances
The Court may grant or deny a motion for postponement with or without a hearing.
Motions for postponement may be granted or denied with or without a hearing of the Court
Page 7 | 2.7 Continuances
Requests to reset a hearing should be made to the Texas Department of Public Safety, which will coordinate with the Court on the next available court date.
Any requests for a reset of the hearing should be made to the Texas Department of Public Safety, who will coordinate with the Court to determine the next court date available.
Page 14 | 5.1 Driver's License Suspension and Revocation Hearings
The Court may grant or deny a motion for postponement with or without a hearing.
Motions for postponement may be granted or denied with or without a hearing of the Court
Page 7 | 2.7 Continuances
On the announcement or pretrial docket, defendants may reset their cases for trial.
Announcement Docket/Pretrial Docket: Defendants may discuss their cases with the County Prosecutor, plead guilty or no contest to resolve the case, or reset for trial.
Page 10 | 3.5 Setting Cases
Chambers Communication Rules
A request for a language interpreter or disability-related special assistance must be made when the plea is entered.
A request for a language interpreter or special assistance for persons with disabilities shall be made at the time a plea is entered.
Page 10 | 3.2 First Appearance
Counsel must direct objections, arguments, and other comments to the Judge or jury, not opposing counsel.
All objections, arguments, and other comments by counsel shall be directed to the Judge or jury and not to opposing counsel.
Page 17 | 7.5 Attorneys
The Judge will not initiate a conference call; each judge will instruct the parties how to arrange conference calls.
The Judge will not initiate a conference call. Each judge will instruct the parties regarding arrangements for conference calls.
Page 7 | 2.10 Hearings Conducted by Telephone
The Judge may require an in-court hearing instead of a telephone hearing, upon notice to all parties.
At any time, the 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 7 | 2.10 Hearings Conducted by Telephone
A defendant may call the Court during regular business hours for citation information, but the call does not constitute an appearance.
A defendant may contact the Court by phone during regular business hours to obtain information about his/her citation; however, A TELEPHONE CALL DOES NOT CONSTITUTE AN APPEARANCE.
Page 10 | 3.2 First Appearance
Defendants and their attorneys generally cannot meet with the prosecutor or judge about specific cases outside regular docket settings without showing good cause.
In General Defendant or attorney representing defendant will generally not be able to meet with the prosecutor or judge in reference to specific cases outside the regular docket settings absent a show of good cause.
Page 11 | 3.7 Unscheduled Appearances
The Judge will not initiate a conference call; parties must follow the judge’s instructions for arranging conference calls.
The Judge will not initiate a conference call. Each judge will instruct the parties regarding arrangements for conference calls.
Page 7 | 2.10 Hearings Conducted by Telephone
A defendant may call the Court during regular business hours for citation information, but the call does not count as an appearance.
A defendant may contact the Court by phone during regular business hours to obtain information about his/her citation; however, A TELEPHONE CALL DOES NOT CONSTITUTE AN APPEARANCE.
Page 10 | 3.2 First Appearance
Defendants and their attorneys generally may not meet with the prosecutor or judge about a specific case outside regular docket settings without showing good cause.
In General Defendant or attorney representing defendant will generally not be able to meet with the prosecutor or judge in reference to specific cases outside the regular docket settings absent a show of good cause.
Page 11 | 3.7 Unscheduled Appearances
Attorneys should make advance arrangements with the Court if they anticipate needing to move furniture, appliances, or easels.
Attorneys should anticipate any need to move furniture, appliances, or easels, and should make advance arrangements with the Court.
Page 17 | 7.5 Attorneys
Attorneys should obtain leave of Court before approaching the bench and must never lean on it.
Attorneys should not approach the bench without leave of Court and must never lean on the bench.
Page 17 | 7.5 Attorneys
Attorneys should observe ethics rules concerning media discussions and 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 17 | 7.5 Attorneys