Nacogdoches County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A civil continuance motion must be written, explain why postponement is necessary, and be filed at least three business days before trial or the hearing.
- Continuance requests must be submitted in writing at least three business days before trial or hearing unless the grounds arose later; applicable notice and pleading requirements must be followed, and the Court may decide the motion with or without a hearing.
- A civil continuance motion must be written, explain why postponement is necessary, and be filed at least three business days before trial or hearing; the Court strongly suggests consulting the opposing party.
- Attorneys or defendants must request an appearance reset at least 24 hours before the setting, unless circumstances justifying a later request arise afterward and the presiding judge so determines.
Communication
Phone
Document Format Requirements1 rule
draft of an order or judgment shall be its own page and not typed on the same page as pleading, motion, certificate of service, or any part thereof.
Document Filing Requirements33 rules
In the event the representing attorney wishes to appoint a substituting attorney, they must provide the Court with the substituting attorneys contact information.
An attorney on record representing a party may withdraw their representation by filing with the Court a written motion showing good cause.
Such notice shall be made by filing a written notice (suggestion of bankruptcy) with the 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.
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.
Any party who files a1motion to retain shall state in writing the factual and legal basis why the case should not be dismissed for want of prosecution.
An order transferring the case shall identify the court to which the case is being transferred
If either party wishes to provide oral arguments they must request so in their motion or objection.
Before the case continues, the court must receive written notice of counsel 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. This notification shall include the original attorney's information, the substitute attorney's information, and the defendant's information for whom the substitution is occurring.
An attorney on record representing a party may withdraw their representation by filing with the Court a written motion showing good cause.
- Document
- Motion to withdraw counsel
Include
- •Showing good cause
In the event the representing attorney wishes to appoint a substituting attorney, they must provide the Court with the substituting attorneys contact information.
Such notice shall be made by filing a written notice (suggestion of bankruptcy) with the Court and serving copies on all parties to the suit.
An Order transferring the case shall identify the Court to which the case is being transferred
A motion seeking action in a civil case under this provision must be supported by sworn statements from two other credible persons.
Court's wording
When presented with a proper motion supported by the sworn statements of two other credible persons as required by Rule 502.4(e), Texas Rules of Civil Procedure, the disqualified Justice of the Peace shall refer the civil case in which the motion was filed to the Presiding Judge.
A person who requests the course must present written evidence of successful completion within the 90 days allowed by the court.
Court's wording
• (l) If a person requests a hunter safety training course as provided by Subsection (d) of this section, the court shall defer proceedings and allow the person 90 days to present written evidence that, after being charged with failure to possess the certificate, the person has successfully completed a hunter safety training course approved by the department.
To obtain this dismissal, the defendant must provide verifiable proof of financial responsibility to the Court Clerk.
Court's wording
1. Proof of Financial Responsibility [No Insurance] (Trans. Code 601.193) • If the defendant provides proof of financial responsibility, such as a valid insurance card or insurance policy to the Court Clerk and • The Court Clerk is able to verify with the proof of financial responsibility with the issuing company, agent or department.
A driving safety or motorcycle operator course dismissal request must include proof of a valid Texas driver’s license, subject to the stated military exception, and current proof of financial responsibility.
Court's wording
After a defendant enters a plea of guilty or no contest by the appearance date on his/her ticket or 1 week past the due date and he/she makes a request for dismissal after driving safety or motorcycle operator’s course completion, they will require: 1. Proof of valid Texas Driver’s License (unless proof of active duty military), 2. Current proof of financial responsibility (i.e. valid insurance that indicates the defendant as a driver on the policy),
A defendant must enter a plea before seeking time-served or jail credit; after a guilty or no-contest plea, the defendant may submit a written request, which must include specified incarceration documentation if the defendant was jailed elsewhere.
Court's wording
Defendants, who have not already entered a plea, must first enter a plea on the charged offense. Upon a plea of guilty or no contest, the defendant may make a written request for time served/jail time. If the defendant was not incarcerated at the NACOGDOCHES County Law Enforcement Center located in the Nacogdoches County Sheriffs Department, the request must be accompanied by documentation that shows the following: 1. Which facility the defendant was jailed 2. The period of incarceration (date the defendant was booked into jail and date the defendant was released)
Due dates that are extended as premised by this Standing Order will be noted on the applicable Court Order and initialed by the Clerk of the Court or Judge and also by the defendant.
A party requesting any documents/items be returned by mail must provide a self- addressed envelope with adequate postage for the requested return. Otherwise, requested document/items may be retrieved at the designated court office during business hours.
Once either party requests a jury trial, that request cannot be withdrawn without written approval of both parties.
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.
As'far as practicable, every draft of an order or judgment to be signed by the judge should be approved as to form by attorneys for all parties prior to being presented to the judge.
In the instance that a case is transferred under Rule 4.2 of these rules, an order transferring the case shall identify the court to which the case is being transferred
Each draft shall have a proper heading including the cause number, the style of the case, and the court in which the case in pending.
He or she remains the attorney of record until relieved by written order of the court.
Defendants should submit a plea in writing to the court in person or by mail.
• Defendant remits proof of current valid financial responsibility (i.e. an insurance card indicating the defendant as a driver on the policy)
During the 3-month period, the defendant is required to maintain continuous financial responsibility (insurance) without any lapse in coverage and submit proof of to the Court at the date assigned by the Court showing for the entire 3month period.
• Defendant shows proof of valid driver’s license
Upon request that Court to take into consideration, should defendant possesses at least one of the three criteria found in Texas Administrative Code 175.3(a)(6)(A), and defendant completes sworn document of such, [Defendant is required to attend school under Sec 25.085 of the Texas Education Code; Defendant’s household income is at or below 125% of the federal poverty level; the defendant receives government assistance in the form of food stamps, WIC, Medicaid, or CHIPS]
A person or entity requesting a copy of a document should provide the request for copies in writing that should include: • The case styling and case type or charge; or the unique cause or docket number; and, • The name or specific description of the document which the person or entity seeks; and, • Whether certified copies are requested
Requests by mail should contain the proper copy fee and a self-addressed, stamped envelope for the return of copies.
Filing & Service rules
Filing Timing and Cure Windows
A suggestion of bankruptcy must be filed as soon as practicable and no more than five days after a party receives notice that another party filed a bankruptcy petition.
A suggestion of bankruptcy shall be filed as soon as practicable, and not more than five (5) days, after a party receives notice of the filing of a petition in bankruptcy by any other party.
Page 6 | RULE 1.8. FILING NOTICE OF BANKRUPTCY
A civil jury-trial request is due at least 14 days before trial; an untimely demand waives the jury 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. lfthe demand is not timely, then the right to a jury trial is waived, unless the late filing is excused by the presiding judge for good cause.
Page 6 | 3.3 Demand for Jury
A party objecting to a motion to retain must provide the Court and opposing party a written basis for the objection within three days after service of the motion.
Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Page 8 | 3.9.2 Procedure for Retaining Cases and Objecting the Motions to Retain
A motion to retain must be filed at least 10 business days before the date set for dismissal for want of prosecution.
Motions to retain shall be filed with the Court at least 10 business days prior to the date specified for the dismissal for want of prosecution.
Page 8 | 3.9.2 Procedure for Retaining Cases and Objecting the Motions to Retain
A party to a pending civil case must immediately notify the Court when a bankruptcy petition is filed.
A party to a pending civil case shall immediately notify the Court of the filing of a petition in bankruptcy.
Page 6 | RULE 1.8. FILING NOTICE OF BANKRUPTCY
A suggestion of bankruptcy must be filed as soon as practicable and no later than five days after a party receives notice that another party filed a bankruptcy petition.
A suggestion of bankruptcy shall be filed as soon as practicable, and not more than five (5) days, after a party receives notice of the filing of a petition in bankruptcy by any other party.
Page 6 | RULE 1.8. FILING NOTICE OF BANKRUPTCY
When a person requests a hunter safety course, the court must allow 90 days to present written proof of successful completion.
• (l) If a person requests a hunter safety training course as provided by Subsection (d) of this section, the court shall defer proceedings and allow the person 90 days to present written evidence that, after being charged with failure to possess the certificate, the person has successfully completed a hunter safety training course approved by the department.
Page 6 | Standing Order No. 3: Dismissals Without a Fee (Traffic or Criminal Cases)
A person charged with the specified offense may make an oral request or file a written motion for a hunter safety course no later than the 10th day after the alleged offense.
• (k) If the commission requires a person to possess a certificate issued under this section and if the person is charged with a Class C Parks and Wildlife Code misdemeanor for failing to possess the required certificate, the person may present to the court not later than the 10th day after the date of the alleged offense an oral request or written motion to take a hunter safety training course.
Page 6 | Standing Order No. 3: Dismissals Without a Fee (Traffic or Criminal Cases)
Service and Proof of Service Rules
For any withdrawal or substitution of counsel, the motion and all contact information provided in it must be delivered to the party.
With all matters of withdrawal or substitution of counsel, the motion must be delivered to the party along with all contact information provided in the motion.
Page 4 | RULE 1.6. WITHDRAWAL OR SUBSTITUTION OF COUNSEL
Copies of the suggestion of bankruptcy must be served on all parties to the suit.
serving copies on all parties to the suit.
Page 6 | RULE 1.8. FILING NOTICE OF BANKRUPTCY
A copy of the transfer order must be delivered to each party or their 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 8 | RULE 2.4. ASSIGNMENT OF CASES ON DISQUALIFICATION — D. Order of Transfer
A Presiding Judge’s order transferring a case or assigning a special judge must be delivered to each party or their attorney of record.
An Order issued by the Presiding Judge transferring the case, or assigning a special judge, shall be delivered to each party or their attorney of record.
Page 9 | RULE 2.5. ASSIGNMENT OF CASES ON RECUSAL — B. Order of Transfer
Parties in Justice Court suits must provide enough copies of the petition and accompanying documents for all parties being served.
In accordance with Part V of the Texas Rules of Civil Procedure (TRCP), parties in Justice Court suits are responsible for providing an adequate number of copies of petition and accompanying documents filed with the court for all parties being served.
Page 7 | 3.4 Provision and Cost of Copies
A copy of a transfer order must be delivered to each party or the party's attorney of record.
and a copy of the order shall be delivered to each party or their attorney of record.
Page 8 | 3.8 Assignment and Transfer of Cases
An objection to a motion to retain must be provided in writing to both the Court and the opposing party.
Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Page 8 | 3.9.2 Procedure for Retaining Cases and Objecting the Motions to Retain
For withdrawal or substitution of counsel, the motion and all contact information included in it must be delivered to the party.
With all matters of withdrawal or substitution of counsel, the motion must be delivered to the party along with all contact information provided in the motion.
Page 4 | RULE 1.6. WITHDRAWAL OR SUBSTITUTION OF COUNSEL
Copies of the suggestion of bankruptcy must be served on all parties to the suit.
Such notice shall be made by filing a written notice (suggestion of bankruptcy) with the Court and serving copies on all parties to the suit.
Page 6 | RULE 1.8. FILING NOTICE OF BANKRUPTCY
A copy of a transfer order must be delivered to each party or that party’s attorney of record.
a copy of the Order shall be delivered to each party or their attorney of record.
Page 8 | RULE 2.4. ASSIGNMENT OF CASES ON DISQUALIFICATION — D. Order of Transfer
An order transferring a case or assigning a special judge must be delivered to each party or their attorney of record.
An Order issued by the Presiding Judge transferring the case, or assigning a special judge, shall be delivered to each party or their attorney of record.
Page 9 | RULE 2.5. ASSIGNMENT OF CASES ON RECUSAL — B. Order of Transfer
Plaintiffs in civil suits must provide enough copies of the Original Petition and accompanying documents for each defendant being served.
Plaintiffs in Civil Suits are required by Part V of the Texas Rules of Civil Procedure (TRCP) to provide an adequate number of copies of an Original Petition and any other accompanying documents for each defendant being served.
Page 14 | STANDING ORDER NO. 13: COPY FEES AND REQUEST FOR COPIES
Nacogdoches County service costs $90 per defendant, and the petition is forwarded to the precinct Constable for service.
Civil Petitions requesting service in Nacogdoches County, Texas will be processed and collection for service is assessed at $90.00 per defendant and will be forward to the Constable of the Precinct where the petition is filed for service.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
For service outside Nacogdoches County, provide the Court the serving county, precinct, or Sheriff’s Department name and address, along with its service cost.
Upon requesting service outside of Nacogdoches County, you will need to provide the Court with the County, Precinct or Sheriffs Departments name and address for service and cost of their service.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
File an eviction case in the county and precinct where the property is located; the proper precinct Constable serves the citation.
Eviction cases must be filed in the county and precinct in which the property subject to the suit is located (TRCP 510.3(b)) and the Citation will be served by the Constable of the proper Precinct.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
A copy of a transfer order must be delivered to each party or their attorney of record.
a copy of the order shall be delivered to each party and/or their attorney of record.
Page 9 | Section 4 - Criminal Cases
The court clerk will electronically notify the collection agency when a judgment is satisfied, a proper disposition occurs, or an appearance relieves the failure to appear.
The Court Clerk will electronically notify the third-party collection agency of any case in which: 1. The outstanding judgment (fine/court costs) has been satisfied 2. An otherwise proper disposition has occurred, or 3. An appearance relieving the defendant’s failure to appear has occurred.
Page 13 | STANDING ORDER NO. 12: OMNIBASE HOLD AND THIRD-PARTY COLLECTIONS (TRAFFIC OR CRIMINAL CASES)
Ensure the case is filed in and service is directed to the correct precinct, county, and Justice Court.
Please assure you have the correct Precinct/County/Justice Court for filing and service.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
For out-of-county service, the Plaintiff may pay the Justice Court upon filing or request the petition to forward to the correct department.
Payment by the Plaintiff for out of county service may be paid to the Justice Court upon filing, or you may request the petition be given to you to forward to the correct department for service.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
If the regular process does not produce enough jurors, the presiding judge may order the precinct Constable to hand-deliver jury summonses to randomly chosen county residents in public places.
When this process does not yield an appropriate number of jurors to build a pool, the presiding judge may order the Constable in the precinct to hand deliver jury summons to Nacogdoches County residents chosen at random in public places in Nacogdoches County.
Page 10 | Section 4 - Criminal Cases
Filing Fees and Waivers
Jury fees must be paid when the request is submitted and are non-refundable.
Jury fees are to be paid at the time the request is submitted to the court. Jury fees are non-refundable.
Page 6 | 3.3 Demand for Jury
A $20 administrative fee is required for dismissal of an expired-inspection offense after the specified evidence is presented.
The defendant pays an administrative fee of $20.
Page 3 | Standing Order No. 2: Compliance Dismissals with Administrative Fees (Traffic or Criminal Cases)
For an expired-registration compliance dismissal, the defendant must present evidence that the required registration late fee was paid to the appropriate tax office.
The defendant presents evidence of payment of the late fee for registration with the appropriate tax office as required in Trans. Code 503-407(b)) and Trans. Code 502.045
Page 3 | Standing Order No. 2: Compliance Dismissals with Administrative Fees (Traffic or Criminal Cases)
A $10 administrative fee is required for dismissal of a failure-to-display-driver’s-license offense after the specified evidence is presented.
The defendant pays an administrative fee of $10.
Page 4 | Standing Order No. 2: Compliance Dismissals with Administrative Fees (Traffic or Criminal Cases)
The defendant must pay a $10 administrative fee unless that amount is inappropriate, in which case the fee indicated in the Texas statute applies.
Pays an administrative fee of $10, or the administrative fee indicated in the Texas statue if $10 is not appropriate.
Page 5 | Standing Order No. 2: Compliance Dismissals with Administrative Fees (Traffic or Criminal Cases)
STANDING ORDER NO. 3: DISMISSALS WITHOUT A FEE (TRAFFIC OR CRIMINAL CASES)
STANDING ORDER NO. 3: DISMISSALS WITHOUT A FEE (TRAFFIC OR CRIMINAL CASES)
Page 6 | Standing Order No. 3: Dismissals Without a Fee (Traffic or Criminal Cases)
A $146 fee for all court costs is required to process the course dismissal request.
A fee of $146.00 for all court costs in order to process the request.
Page 7 | STANDING ORDER NO. 4: DRIVING SAFETY COURSE OR MOTOCYCLE OPERATOR COURSE REQUESTS (TRAFFIC CASES)
The defendant must remit the payment assessed by the Court to begin a deferred disposition.
Defendant remits the payment assessed by the Court to start the Deferral.
Page 8 | STANDING ORDER NO. 5: DEFERRED DISPOSITION (TRAFFIC OR CRIMINAL CASES)
Submitting court costs and the fine without a written plea results in a no-contest plea being entered, and payment results in a conviction for the charged offense.
Submission of the court costs and fine without a written plea (CCP 27.1(c)) will result in a plea of no contest to be entered on the case. Payment of the court costs and fine results in a conviction for the charged offense.
Page 9 | Standing Order No. 6: Plea of Guilty or No Contest, Waiver of Bench/Jury Trial, and Payment of Fine
The defendant must remit the court-assessed payment to start deferred disposition.
the policy) Defendant remits payment assessed by the Court in the case to start the Deferred Disposition.
Page 9 | Standing Order No. 5: Deferred Disposition
An assessed collection agency fee must be paid or discharged through another lawful method, such as community service, an indigency waiver, or dismissal.
Once a collection agency fee has been assessed on a case, the fee must be paid or discharged by some other lawful manner (community service, indigency waiver, dismissal, etc.).
Page 13 | STANDING ORDER NO. 12: OMNIBASE HOLD AND THIRD-PARTY COLLECTIONS (TRAFFIC OR CRIMINAL CASES)
Cases that proceed to warrant status are referred to the Omnibase program, and each referred case incurs a $10 fee.
Cases that proceed to a warrant status will be referred to the Department of Public Safety’s Failure to Appear Program (Omnibase system). A fee of $10.00 will be added to each case that is referred.
Page 13 | STANDING ORDER NO. 12: OMNIBASE HOLD AND THIRD-PARTY COLLECTIONS (TRAFFIC OR CRIMINAL CASES)
If costs and fines remain unpaid, a case involving a defendant over 17 when filed may be referred to GHS, adding a collection fee of 30% of the unpaid balance.
All cases with a defendant over the age of 17 at the time of the case’s filing may be referred to a third-party collection agency (GHS) if the court costs and fine balance is not paid. A collection agency fee in the amount of 30% of the total unpaid balance will be added to the case balance of each case referred to the collection agency.
Page 13 | STANDING ORDER NO. 12: OMNIBASE HOLD AND THIRD-PARTY COLLECTIONS (TRAFFIC OR CRIMINAL CASES)
The court charges 10 cents per page for copies needed to satisfy TRCP requirements.
The Court will make copies at a rate of 10 cents per page for copies needed to satisfy TRCP requirements. (TRCP 501.1(d))
Page 14 | STANDING ORDER NO. 13: COPY FEES AND REQUEST FOR COPIES
Regular document copies cost 10 cents per page.
The court will assess a copy fee of 10 cents per page for a regular copy of documents.
Page 14 | STANDING ORDER NO. 13: COPY FEES AND REQUEST FOR COPIES
Certified copies cost $2.00 for the first page and 25 cents for each additional page.
Certified Copies are $2.00 for the first page and 25 cents for each additional page. (Local Gov. Code 118.121)
Page 14 | STANDING ORDER NO. 13: COPY FEES AND REQUEST FOR COPIES
A $90 service fee is assessed for each defendant when service is requested in Nacogdoches County.
Civil Petitions requesting service in Nacogdoches County, Texas will be processed and collection for service is assessed at $90.00 per defendant and will be forward to the Constable of the Precinct where the petition is filed for service.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
The Clerk issues the required number of citations in civil cases upon payment of the proper filing fee.
The Court Clerk, upon payment of the proper filing fee, will issue the required number of Citations in civil cases.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
If out-of-county service payment is made to the Justice Court, make the check, cashier’s check, or money order payable to the department serving process.
If payment is made to the Justice Court upon filing, please make your check, cashiers check, money order payable to the out of county department where service is to be made.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
A $90 service fee is assessed for each named defendant in an eviction case.
A service fee of $90.00 per named defendant will be assessed in Eviction cases.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
The civil case filing fee is $54.00.
Filing Fee: $54.00
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
Applicable or requested fees are receipted by the Court Clerk after payment in full.
The following fees will be assessed, as requested or applicable, and shall be receipted by the Court Clerk after payment in full is made:
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The writ service fee is $225.00.
Writ Service Fee: $225.00
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The Nacogdoches County citation service fee is $90.00.
Nacogdoches County Citation Service Fee: $90.00
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The Nacogdoches County subpoena service fee is $90.00, with $10.00 cash attached.
Nacogdoches County Subpoena Service Fee: $90.00 (along with $10.00 cash attached)
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The Clerk receipts filing fees, and filing fees are nonrefundable once the case is deemed filed.
The Court Clerk will receipt all filing fees. Once a case has been deemed filed, filing fees are nonrefundable.
Page 16 | STANDING ORDER NO. 16: CIVIL CASE FILING FEES
The Court may charge a party who fails to comply with the TRCP for necessary copies, up to $1.00 for the first page and $0.25 for each additional page.
A Court may assess fees to thee party who fails to comply with TRCP, in order to provide necessary copies of documents to parties, up to $1.00 for a titled documents first page and $0.25 for each additional page of the document.
Page 7 | 3.4 Provision and Cost of Copies
The Court accepts personal, company, and attorney-firm checks, cash, money orders, cashier’s checks, and credit/debit cards.
The Courts acceptable payment methods are personal check, company check, attorney’s firm check, cash, money order, cashier’s check and credit/debit card.
Page 3 | Standing Order No. 1: Payment Methods
Credit- or debit-card payments through Pay Texas incur a convenience fee of 5% of the total payment.
Payments made with a credit/debit card will be processed through a third-party company Portal of either Pay Texas, (a 5% convenience fee of the total payment) or through Official Payments, (a $5.95 convenience fee per every $500.00)
Page 3 | Standing Order No. 1: Payment Methods
The Justice of the Peace may assess a $100 deferred disposition fee.
The Justice of the Peace may assess a $100.00 Deferral Fee.
Page 8 | STANDING ORDER NO. 5: DEFERRED DISPOSITION (TRAFFIC OR CRIMINAL CASES)
After a guilty or no-contest plea, the court may accept full payment of costs and the fine; a defendant unable to pay in full may appear or mail a request for a payment plan.
Upon a plea of guilty or no contest, the court may accept court costs and fine in full. If a defendant is unable to remit the payment in full, he/she may appear at the assigned Court or mail a request for a payment plan. (See Standing Order No. 7 for information regarding payment plans).
Page 9 | Standing Order No. 6: Plea of Guilty or No Contest, Waiver of Bench/Jury Trial, and Payment of Fine
After a guilty or no-contest plea and trial waiver, the Court Clerk may process a partial-payment request; the defendant is directed to Collections for application documents and a payment schedule, then submits payments to the assigned Court.
Upon a plea of guilty or no contest, a waiver of jury/bench trial, the Court Clerk may process a request for a payment plan as follows: • The Defendant Contacts the assigned Court and request partial payments. Upon the request for partial payments, the Court will advise you to contact our centrally located Collections Department at: (in person) Nacogdoches County Collections Department 203 West Main Street, Nacogdoches, Texas 75961, or (phone) 936-560-7875. The Nacogdoches Collections Dept will submit you the proper documents to apply for partial payments and set a payment schedule and forward to the Court. Defendant will submit their payments to the assigned Court.
Page 10 | Standing Order No. 7: Payment Plan
A defendant meeting at least one listed criterion, submitting a sworn document, and agreeing to the method may be granted community service instead of paying the fine and costs, with a $100 credit for each eight hours completed.
Upon request that Court to take into consideration, should defendant possesses at least one of the three criteria found in Texas Administrative Code 175.3(a)(6)(A), and defendant completes sworn document of such, [Defendant is required to attend school under Sec 25.085 of the Texas Education Code; Defendant’s household income is at or below 125% of the federal poverty level; the defendant receives government assistance in the form of food stamps, WIC, Medicaid, or CHIPS], then the defendant may be granted community service in lieu of the fine and costs, as long as the defendant agrees to this method for discharging the fine and costs owed. Upon request being agreed and granted, defendant will receive $100.00 credit towards the fine and costs upon completion of each 8 hours served.
Page 10 | Standing Order No. 7.1: Standard Option for Community Service in Lieu of Fine and Costs
A driver’s-license renewal block or hold will remain until the judgment is satisfied in full.
Defendants, who have a block or hold on their driver’s license renewal via the OMNI system, will not be removed from the block or hold until the judgment is satisfied in full.
Page 13 | STANDING ORDER NO. 11: CAPIAS PRO FINE WARRANTS (TRAFFIC OR CRIMINAL CASES)
Each party and/or attorney may receive one free copy of a Court Order or Community Service Verification form; additional copies cost 10 cents per page.
The court will provide one free copy of a Court Order, Community Service Verification form per party and/or attorney. Additional copies will incur the 10 cents per page fee.
Page 14 | STANDING ORDER NO. 13: COPY FEES AND REQUEST FOR COPIES
Two-sided documents count as two pages for copy-fee purposes.
Two-sided documents are considered two pages.
Page 14 | STANDING ORDER NO. 13: COPY FEES AND REQUEST FOR COPIES
Service fees are refunded when an eviction case filed in the wrong precinct is dismissed before the Constable attempts citation service.
If an Eviction case is filed in the wrong precinct, the service fees collected by the court will be refunded if the case is dismissed prior to the Constable attempting service of the Citation.
Page 15 | STANDING ORDER NO. 15: SERVICE OF CITATIONS (CIVIL CASES)
The service-by-mail fee varies according to U.S. Postal rates.
Service by Mail Fee: Variable amount according to US Postal rates
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The other-document issuance fee is $1.00 for the first page and $0.25 for each additional page.
Other document issuance fee: $1.00 for first page, $0.25 for each additional page
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
For the specified eviction appeal, rent due is the amount required by the Court’s Order.
Rent due on Appeal of an Eviction Judgment: (in a suit of Non-Payment of Rent when the defendant files an Affidavit of Inability to Pay): Amount required by Court’s Order.
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The regular copy fee is stated as $010 per page.
Regular Copy fee: $010 per page
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
A cash appeal bond is in the amount required by the Court’s Order.
Cash Appeal Bonds: Amount required by Court’s Order.
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The transcript fee is $10.00.
Transcript Fee: $10.00
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The certified copy fee is $2.00 for the first page and $o.25 for each additional page.
Certified Copy Fee: $2.00 for first page, $o.25 for each additional page
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The jury fee is $22.00.
Jury Fee: $22.00
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
The abstract fee is $5.00 per issuance.
Abstract Fee: $5.00 per issuance
Page 16 | STANDING ORDER NO. 17: ASSESSMENT AND RECEIPT OF CIVIL CASE FEES
A defendant may elect to have Payment Ability Information reviewed for an alternative payment plan or other options to discharge the fine and court costs, under Texas Administrative Code Chapter 175.
• A defendant may elect to have his/her Payment Ability Information reviewed for an alternative payment plan or other options for discharge of the fine/court costs. Texas Administrative Code, Chapter 175 governs.
Page 10 | Standing Order No. 7: Payment Plan
A defendant may request information about available non-monetary options, including community service or a partial or full waiver, to satisfy the balance.
Alternatively, a defendant may request information on non-monetary options that may be available to satisfy the case balance in full, Including options for community service or a waiver in part or full.
Page 13 | STANDING ORDER NO. 11: CAPIAS PRO FINE WARRANTS (TRAFFIC OR CRIMINAL CASES)
Court clerks may accept full payment for an outstanding capias pro fine warrant.
Court Clerks may accept payment in full for outstanding capias pro fine warrants.
Page 13 | STANDING ORDER NO. 11: CAPIAS PRO FINE WARRANTS (TRAFFIC OR CRIMINAL CASES)
A defendant may request a payment plan to satisfy the case balance.
A defendant may also request a Payment Plan to satisfy the case balance.
Page 13 | STANDING ORDER NO. 11: CAPIAS PRO FINE WARRANTS (TRAFFIC OR CRIMINAL CASES)
Pre-Motion Conference Requirements
The Court strongly suggests that a party seeking a civil continuance confer with the opposing party in an effort to agree on the request.
The Court strongly suggest that the party seeking the continuance in a civil matter visit with the opposing party in hopes to come to an agreement to the request.
Page 3 | RULE 1.4. MOTIONS FOR CONTINUANCE IN CIVIL CASES
When practicable, a party seeking a continuance in a justice civil case should confer with the opposing parties before filing the motion in an effort 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 7 | 3.6 Postponing Trial/Continuances
Adjournment & Extension Requirements
A civil continuance motion must be written, explain why postponement is necessary, and be filed at least three business days before trial or the hearing.
A motion for continuance in a civil matter shall be in writing stating why the postponement is necessary and be filed with the Court at least three (3) business days preceding the of the trial or hearing.
Page 3 | RULE 1.4. MOTIONS FOR CONTINUANCE IN CIVIL CASES
An attorney requesting a reset under this rule is responsible for confirming that the presiding judge granted the motion.
An attorney who requests a reset under this rule is responsible for ensuring the motion was granted by the presiding judge.
Page 7 | 3.7 Conflicting Engagements of Attorneys
Continuance requests must be submitted in writing at least three business days before trial or hearing unless the grounds arose later; applicable notice and pleading requirements must be followed, and the Court may decide the motion 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 requirements of law must be followed. Motions for continuance may be granted or denied with or without a hearing by the court.
Page 7 | 3.6 Postponing Trial/Continuances
Attorneys or defendants must request an appearance reset at least 24 hours before the setting, unless circumstances justifying a later request arise afterward and the presiding judge so determines.
Attorneys or defendants 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 the presiding judge.
Page 10 | Section 4 - Criminal Cases
A civil continuance motion must be written, explain why postponement is necessary, and be filed at least three business days before trial or hearing; the Court strongly suggests consulting the opposing party.
A motion for continuance in a civil matter shall be in writing stating why the postponement is necessary and be filed with the Court at least three (3) business days preceding the day of the trial or hearing. The Court strongly suggest that the party seeking the continuance in a civil matter visit with the opposing party in hopes to come to an agreement to the request.
Page 3 | RULE 1.4. MOTIONS FOR CONTINUANCE IN CIVIL CASES
If a defendant cannot pay court costs or a fee assessed at a Pre-Trial Conference, an extension for the minimum time indicated as needed by the defendant must be allowed.
If court costs and/or a fee are assessed at a Pre-Trial Conference and the defendant cannot remit the required payment, an extension for the minimum amount of time needed as indicated by the defendant, shall be allowed for the defendant to remit the required payment.
Page 12 | STANDING ORDER NO. 9: PRETRIAL CONFERENCE (TRAFFIC OR CRIMINAL CASES)
If the attorney is not actually in trial as represented, the case may proceed to trial without further notice.
If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice.
Page 7 | 3.7 Conflicting Engagements of Attorneys
A defendant may request more time to pay in full, and the Court decides each request based on the case and surrounding circumstances.
• Defendant may ask the Court for an extension of time to pay in full. Each case is looked at by the Court and determination is based on the case before the Court and circumstances surrounding the request.
Page 10 | Standing Order No. 7: Payment Plan
When an attorney has conflicting trial assignments in two Nacogdoches County courts, the Justices of the Peace will confer on priority, considering jury trials, criminal cases, cases preferred by statute, and then cases with the earliest filing date.
The Justices of the Peace will confer on which case has priority, with consideration given to the following: (1) Jury Trials (2) Criminal Cases (3) Cases given preference by statute (4) Cases with the earliest filing date
Page 7 | 3.7 Conflicting Engagements of Attorneys
The Court will verify a reported trial assignment and reset the case if the assignment is confirmed.
When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation.
Page 7 | 3.7 Conflicting Engagements of Attorneys
If a conflict exists on the court’s schedule, a defendant may request one reset of the Pre-Trial setting.
If a conflict on the court’s schedule exists, defendants may request one reset of their Pre-Trial setting.
Page 12 | STANDING ORDER NO. 9: PRETRIAL CONFERENCE (TRAFFIC OR CRIMINAL CASES)
Chambers Communication Rules
An attorney who is or is scheduled to be in trial in another court must inform the Justice Court in writing as soon as the conflict becomes apparent, identifying the other case number and court.
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.
Page 7 | 3.7 Conflicting Engagements of Attorneys
An attorney assigned to trial in two Nacogdoches County courts on the same date must inform both courts in writing as soon as the conflict becomes apparent.
An attorney assigned to trial in two separate courts in Nacogdoches County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
Page 7 | 3.7 Conflicting Engagements of Attorneys
Judges must not initiate, permit, or consider ex parte or other communications about the merits of a pending proceeding, except for the listed administrative, procedural, magistrate, jurisdictional, forum, sentencing-mitigation, or legally authorized matters.
The Judge will strictly adhere to Canon 6 (c)(2), Code of Judicial Conduct, as follows: A justice of the peace or municipal court judge, except as authorized by law, shall not directly or indirectly initiate, permit, nor consider ex parte or other communications concerning the merits of a pending judicial proceeding. This subsection does not prohibit communications concerning: (a) Uncontested administrative matters, (b) Uncontested procedural matters, (c) Magistrate duties and functions, (d) Determining where jurisdiction of an impending claim or dispute may lie, (e) Determining whether a claim or dispute might more appropriately be resolved in some other judicial or not-judicial forum, (f) Mitigating circumstances following a plea of nolo contendere or guilty for a fine- only offense, or (g) Any other matters where ex parte communications are contemplated or authorized by law.
Page 17 | Standing Order NO. 18: Ex Parte Communication
An attorney who is or is scheduled to be in trial in another court must promptly inform the Justice Court in writing when the conflict becomes apparent, identifying the case number and the court where the trial is taking place.
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 in which there is a conflicting setting of the case number and the court in which the case is being tried.
Page 4 | RULE 1.5. CONFLICTING ENGAGEMENTS OF ATTORNEYS
An attorney assigned to trial in two justice courts for the same date must notify the Court in writing of the conflict as soon as it becomes apparent.
It is the duty of the attorney to call to the Court’s attention, in writing, any conflicting trial setting as soon as the conflict becomes apparent.
Page 4 | RULE 1.5. CONFLICTING ENGAGEMENTS OF ATTORNEYS
An attorney with a conflicting trial setting must inform the Justice Court in writing as soon as the conflict becomes apparent, identify the case number and other court, and may have the case held or reset; if the attorney is not actually in trial as represented, the case may proceed without further notice.
(1) 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 in which there is a conflicting setting of the case number and the court in which the case is being tried. When informed that an attorney is in trial, the court will verify the assignment. The case will be placed on “hold” or reset, depending upon the circumstances. (2) If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice.
Page 4 | RULE 1.5. CONFLICTING ENGAGEMENTS OF ATTORNEYS
An attorney with conflicting trial settings in two justice courts must notify the Court in writing as soon as the conflict becomes apparent.
(1) It is the duty of the attorney to call to the Court’s attention, in writing, any conflicting trial setting as soon as the conflict becomes apparent.
Page 4 | RULE 1.5. CONFLICTING ENGAGEMENTS OF ATTORNEYS
Recording or broadcasting proceedings before the Justice Court is prohibited.
Recording or broadcastings of court proceedings before the Justice Court is prohibited.
Page 5 | RULE 1.7. RECORDING OR BROADCASTING OF COURT PROCEEDINGS
A defendant who was not given a plea form may call the assigned Court to request that one be mailed.
Contact the assigned Court by phone and request a plea form be mailed to you;
Page 9 | Standing Order No. 6: Plea of Guilty or No Contest, Waiver of Bench/Jury Trial, and Payment of Fine
For partial-payment requests, the Court directs defendants to contact the Collections Department in person or by phone at 936-560-7875.
The defendant Contacts the assigned Court and request partial payments. Upon the request for partial payments, the Court will advise you to contact our centrally located Collections Department at: (in person) Nacogdoches County Collections Department 203 West Main Street, Nacogdoches, Texas 75961, or (phone) 936-560-7875.
Page 10 | Standing Order No. 7: Payment Plan