Montague County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Jury waiver

A defendant waiving 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

Except as provided by Texas Rules of Civil Procedure 8 and 10, withdrawal without a hearing requires the moving attorney to file written consents signed by attorneys for all parties; the quoted list continues beyond this excerpt.

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

CRITICAL

Applies to

Certificate

A certificate stating the client's last known mailing address must be filed.

(c) Files a certificate stating the last known mailing address of the client.

CRITICAL

Applies to

Motion to withdraw

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;

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;

CRITICALCriminal cases

Applies to

Sworn affidavit

After the 90-day probation period for a moving-violation deferral is completed, a sworn affidavit concerning the required violation-free period is required, unless another order provides otherwise.

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.

CRITICALCriminal cases

Applies to

Sworn affidavit

After the 90-day probation period for Driving While License Invalid is completed, a sworn affidavit concerning the required violation-free period is required.

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.

CRITICAL

Applies to

Motion to withdraw or substitute attorney

For a withdrawal or substitution motion, the attorney must file the client’s signed written consent or include the specified explanation of why withdrawal is justified and consent cannot be obtained.

(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;

CRITICAL

Applies to

Draft order

Must include

case number

have a heading showing the cause number, the style of the case, and the court in which it is pending.

have a heading showing the cause number, the style of the case, and the court in which it is pending.

CRITICALCriminal cases

Applies to

Sworn affidavit

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.

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.

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 three (3) days of service of a motion to retain.

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

Motion to withdraw

A motion to withdraw may be accompanied by the client's signed written consent or must include specific circumstances justifying withdrawal and preventing the attorney from obtaining consent.

(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

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

Motion to withdraw or substitute attorney

(c) Files a certificate stating the last known mailing address of the client.

(c) Files a certificate stating the last known mailing address of the client.

CRITICAL

Applies to

Jury waiver

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

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 for continuance

Must include

proposed order

A motion for continuance asserting a vacation letter must attach the vacation letter and include a proposed order.

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.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

To assert a vacation letter, file a motion for continuance with the vacation letter attached and include a proposed order.

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.

WARNING

Applies to

Judgment or order

The word “entered” should not be used in the line above the judge’s signature that shows the date a judgment or order is signed.

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

WARNING

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.

WARNING

Applies to

Draft judgment or order

When 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.