Nueces County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Attorneys or defendants may reset a case no later than the day before its current setting, in accordance with court rules.
Communication
Phone
Document Format Requirements2 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, and each such draft shall have a heading showing the cause number, the style ofthe case, and the court in which it is pending.
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 Requirements9 rules
A party requesting a civil jury trial shall file a written request with the court in which the case is filed
- Document
- Civil jury trial request
Must include
- •Written request
Parties objecting to a motion to retain shall state in ·writing the basis for any objection to the motion to retain
Any party who files a motion to retain shall state in writing the factual and legal bases why the case should not be dismissed for want of prosecution.
Except under Texas Rules of Civil Procedure 8 and 10, withdrawal without a hearing requires consents from all parties’ attorneys, the client’s written consent or a specified explanation in the motion, and a certificate stating the client’s last known mailing address.
Court's wording
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 (b) Files a written consent to the withdrawal signed by the client, or includes in the motion of a specific statement of the circumstances that justify the withdrawal and circumstances that prevent the moving attorney from obtaining the client's written consent; and (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.
A party seeking to transfer venue a civil case may file a motion that contains the requisites prescribed in Rule~ Texas Rules of Civil Procedure, and that also sets forth the precinct to which transfer is sought.
If any party to a suit before any justice shall make an affidavit supported by the affidavit of two other credible persons, citizens of the county, that they have good reason to believe, and do believe, that such party cannot have a fair and impartial trial before such justice or in such justice's precinct, the justice shall
An order oftransfer of a civil case shall state the cause ofthe transfer, and the name of the Court to which the transfer is made, and shall require the parties and witnesses to appear before such Court at its next ensuing term.
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
Filing Timing and Cure Windows
A party may file a motion objecting to mediation referral within 10 days of notice; the Court may excuse the case from referral if it finds a reasonable basis for the objection.
Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral. If any party to a case files a motion objecting to the referral of mediation, and the Court finds that there is a reasonable basis for the objection, the case may be excused from the referral.
Page 2 | 2.2 Mediation
In non-jury cases, exceptions, motions, and pleas must be filed one week before the scheduled trial.
For non-jury cases all exceptions, motions and pleas must be filed one week before the scheduled trial before the Court.
Page 3 | 2.8 Matters Preliminary to Trial on the Merits
A written request for a civil jury trial must be filed no later than the 14th day before trial.
A party requesting a civil jury trial shall file a written request with the court in which the case is filed not later than the 14th day before trial.
Page 3 | 2.4 Demand for Jury
A motion to retain must be filed at least 10 working days before the date specified in the dismissal notice.
Motions to retain shall be filed with the Court at least 10 working days prior to the date specified in the notice of dismissal for want of prosecution.
Page 4 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
A party objecting to a motion to retain must state the basis for the objection in writing within 3 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 3 days of service of a motion to retain.
Page 4 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
If a date mentioned in the rules falls on a Court holiday, the applicable date is the first date after the holiday.
When any date mentioned in these rules falls on a Court holiday then the applicable date shall be the first date following the holiday.
Page 6 | 2.13 Holidays
Pretrial motions must be filed at least 21 days before any pretrial hearing.
Pretrial motions must be filed and served on the District Attorney 21 days prior to any pretrial hearing.
Page 7 | 3.3 Setting Cases
Service and Proof of Service Rules
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 3 | 2.8 Matters Preliminary to Trial on the Merits
The person who serves or attempts to serve a citation must sign the return before or when the return is filed.
Prior to, or in conjunction with the filing of return of service in any suit, the person who serves or attempts to serve a citation must sign the return.
Page 6 | 2.14 Authorization to Serve Citation (Rule 103)
If the stated requirements for withdrawal without a hearing are not met, the withdrawal or substitution motion must be heard 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 a hearing after notice to the client and to all other parties.
Page 6 | 2.12 Motions to Withdraw as Attorney
A return signed by someone other than a sheriff, constable, or court clerk must be verified or signed under penalty of perjury.
If the return is signed by a person other than a sheriff, constable, or the clerk of the court, the return must either be verified or be signed under penalty of perjury.
Page 6 | 2.14 Authorization to Serve Citation (Rule 103)
Pretrial motions must be served on the District Attorney 21 days before any pretrial hearing.
Pretrial motions must be filed and served on the District Attorney 21 days prior to any pretrial hearing.
Page 7 | 3.3 Setting Cases
An attorney's motion to withdraw will be heard at any time when the defendant has had notice to appear or whenever the defendant agrees in writing. Adequate notice is by certified mail, return receipt requested.
An attorney's motion to withdraw will be heard at any time when the defendant has had notice to appear or whenever the defendant agrees in writing. Adequate notice is by certified mail, return receipt requested.
Page 8 | 3.6 Motions to Withdraw or Substitute
The clerk must give notice of cases set for dismissal for want of prosecution, and those cases will be dismissed on the date stated in the notice unless the Court orders otherwise.
The coU11 clerk shall give notice that certain cases will be dismissed for want of prosecution. Such matters will be dismissed on the date indicated in the notice of dismissal unless the Court orders it retained.
Page 4 | 2.10.2 Notice
The Court must notify all parties of its ruling on a motion to retain.
The Court shall notify all parties of the Court' s ruling on a motion to retain.
Page 4 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
A person seeking court authorization to serve citations or notices may apply using the court’s form or a similar suitable written application, and the court may authorize service upon approving the application.
A person wishing to be authorized by written order of the Court to serve citations and other notices may file a written affidavit in application for authorization on a form supplied by the Court or a similar suitable application. The Court may, upon approval of the application, authorize service by the applicant in all appropriate suits pending in the Justice Court.
Page 6 | 2.14 Authorization to Serve Citation (Rule 103)
Filing Fees and Waivers
The jury fee must be paid when the jury-trial request is filed.
The jury fee shall be paid upon filing the request.
Page 3 | 2.4 Demand for Jury
Pre-Motion Conference Requirements
In jury cases, motions in limine, exceptions, and pre-trial motions and pleas must be presented and heard at the pre-trial hearing or they are waived absent good cause; motions for continuance based on new circumstances are excepted.
Except for motions for continuance based on new circumstances, all motion in limine, exceptions and all pre-trial motions and pleas in each jury case shall be presented and heard at pre-trial hearing. All such exceptions, motion and pleas not presented and heard at scheduled pre-trial hearings will be deemed waived, except upon a showing of good cause.
Page 3 | 2.8 Matters Preliminary to Trial on the Merits
Adjournment & Extension Requirements
Continuances are heard no later than the week before trial, and later hearings are allowed only for grounds that arose after that time; applicable notice and pleading requirements must be followed, and other motions are heard as scheduled by the Court.
Continuances will be heard no later than the week preceding trial. Motions will be heard as scheduled by the Court. The notice and pleading requirements of law must be followed. Continuances may not be heard thereafter unless they allege grounds which arose only after that time.
Page 3 | 2.6 Continuances
A case must be tried when set unless a written continuance motion by the State or Defense is granted.
All cases shall be tried when set unless a written State or Defense motion for continuance is granted.
Page 7 | 3.3 Setting Cases, (c) Trial before the Court (TBC)
For a jury setting, the State and Defense must announce ready or file a written motion for continuance.
State and Defense must either aiUlounce ready or file a written motion for continuance.
Page 7 | 3.3 Setting Cases, (d) Jury Trial
Attorneys or defendants may reset a case no later than the day before its current setting, in accordance with court rules.
Attorneys or defendants may reset cases no later than the day before the current setting in accordance with court rules.
Page 7 | 3.3 Setting Cases
Chambers Communication Rules
The parties must arrange in advance with the Court’s clerk to have the case files pulled and available for the Court.
The parties are responsible for arranging in advance with the Court' s clerk to have the files pulled and available for the Court.
Page 3 | 2.7 Uncontested Docket
If more than two cases will be presented at the uncontested docket, parties are asked to inform the clerk of each case’s cause number and style at least 24 hours in advance.
If more than two cases will be presented at the uncontested docket, please inform the clerk of the cause number and style of each case at least 24 hours in advance.
Page 3 | 2.7 Uncontested Docket
A judge may permit a party or attorney, and in rare cases a witness, to appear by telephone; a party’s request must be made in advance, the requesting party must arrange with the telephone operator, the judge will not initiate the call, and the judge may require an in-court hearing upon notice to all parties.
At the discretion of the judge, a party or attorney may apperu.· by telephone conference call. A request by a party for such an arrangement must be made in advance. In rare cases in the interest of justice, the court may pennit a witness to appear by telephone conference call. A j-udge will not initiate a conference call. All aiTangements with telephone operators must be made by the requesting party. At any time, even after the completion of a conference call, a 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 4 | 2.9 Bearings Conducted by Telephone
A Judge determines broadcast requests case by case after consulting all parties.
Requests to broadcast court proceedings shall be determined by each Judge on a case by case assessment after consultation with all the parties to a case.
Page 10 | 4.4 Broadcast Media
Tables should not be moved during court sessions, unless approved the Court.
Tables should not be moved during court sessions, unless approved the Court.
Page 10 | 4.3 Attorneys
Questions about jury impaneling or jury service may be directed by phone to the Court Administration office.
Question about the jury impaneling process and jury service may be addressed to the Court Administration office at 361-888-0220.
Page 2 | 1.6 Jury Selection
Attorneys should follow ethical canons 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 10 | 4.3 Attorneys
Attorneys should anticipate equipment or furniture needs and make advance arrangements with the Court.
Attorneys should anticipate any need to move furnitme, appliances, or easels, and should make advance arrangements with the Court.
Page 10 | 4.3 Attorneys