Nacogdoches County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Time served request

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.

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)

CRITICAL

Applies to

Transfer order

An order transferring a case must identify the court receiving the case.

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

CRITICAL

Applies to

Motion to retain

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

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.

CRITICAL

Applies to

Motion to withdraw counsel

An attorney may withdraw by filing a written motion showing good cause.

An attorney on record representing a party may withdraw their representation by filing with the Court a written motion showing good cause.

CRITICAL

Applies to

Substitution of counsel

An attorney who wishes to appoint substitute counsel must provide the Court with the substitute attorney’s contact information.

In the event the representing attorney wishes to appoint a substituting attorney, they must provide the Court with the substituting attorneys contact information.

CRITICAL

Applies to

Hunter safety course evidence

A person who requests the course must present written evidence of successful completion within the 90 days allowed by the court.

• (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.

CRITICAL

Applies to

Jury trial request

A party requesting a civil jury trial must file a written request with the court at least 14 days before trial.

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

Withdrawal motion

An attorney of record may withdraw by filing a written motion with the Court that shows good cause.

An attorney on record representing a party may withdraw their representation by filing with the Court a written motion showing good cause.

CRITICAL

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

CRITICAL

Applies to

Motion or objection

A party wishing to present oral argument must request it in the motion or objection.

If either party wishes to provide oral arguments they must request so in their motion or objection.

CRITICAL

Applies to

Transfer order

A transfer order must identify the court receiving the case.

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.

CRITICAL

Applies to

Substitution notification

Before the case continues, the court must receive written notice of counsel 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. 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.

CRITICAL

Applies to

Request for return of documents or items

A party requesting return of documents or items by mail must provide a self-addressed envelope with adequate postage; otherwise, the items may be retrieved at the designated court office during business hours.

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.

CRITICAL

Applies to

Court order

An extended due date must be noted on the applicable Court Order and initialed by the Clerk of the Court or Judge and the defendant.

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.

CRITICAL

Applies to

Motion to substitute counsel

An attorney appointing substitute counsel must provide the Court with the substitute attorney’s contact information.

In the event the representing attorney wishes to appoint a substituting attorney, they must provide the Court with the substituting attorneys contact information.

CRITICAL

Applies to

Disqualification motion

A motion seeking action in a civil case under this provision must be supported by sworn statements from two other credible persons.

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.

CRITICAL

Applies to

Suggestion of bankruptcy

A party must file a written suggestion of bankruptcy with the Court to provide notice of a bankruptcy petition.

Such notice shall be made by filing a written notice (suggestion of bankruptcy) with the Court

CRITICAL

Applies to

Suggestion of bankruptcy

Bankruptcy notice must be filed with the Court as a written suggestion of bankruptcy, and copies must be served on all parties.

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.

CRITICAL

Applies to

Proof of financial responsibility

To obtain this dismissal, the defendant must provide verifiable proof of financial responsibility to the Court Clerk.

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.

CRITICAL

Applies to

Driving safety course dismissal request

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.

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),

WARNING

Applies to

Copy request

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

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

WARNING

Applies to

Jury trial request withdrawal

A jury-trial request may be withdrawn only with written approval from both parties.

Once either party requests a jury trial, that request cannot be withdrawn without written approval of both parties.

WARNING

Applies to

Plea

Defendants should submit their plea in writing to the court, in person or by mail.

Defendants should submit a plea in writing to the court in person or by mail.

WARNING

Applies to

Draft order or judgment

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

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.

WARNING

Applies to

Transfer order

An order transferring a case must identify the court to which the case is transferred.

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

WARNING

Applies to

Draft order or judgment

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.

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.

WARNING

Applies to

Mailed copy request

Copy requests sent by mail should include the proper copy fee and a self-addressed, stamped return envelope.

Requests by mail should contain the proper copy fee and a self-addressed, stamped envelope for the return of copies.

WARNING

Applies to

Original document

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

Order relief of counsel

An attorney remains attorney of record until the court relieves the attorney by written order.

He or she remains the attorney of record until relieved by written order of the court.

WARNING

Applies to

Proof of financial responsibility

The defendant must submit proof of current valid financial responsibility, such as an insurance card identifying the defendant as a policy driver.

• Defendant remits proof of current valid financial responsibility (i.e. an insurance card indicating the defendant as a driver on the policy)

WARNING

Applies to

Sworn document

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]

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]

WARNING

Applies to

Proof of continuous financial responsibility

During the three-month deferred-disposition period, the defendant must maintain uninterrupted insurance and submit proof covering the entire period on the date assigned by the Court.

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.

WARNING

Applies to

Proof of valid drivers license

The defendant must show proof of a valid driver’s license for deferred disposition.

• Defendant shows proof of valid driver’s license