Nueces County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Order of transfer

An order transferring a civil case must state the reason for transfer and the receiving Court, and require the parties and witnesses to appear there at its next term.

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.

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

Civil jury trial request

A party requesting a civil jury trial must file a written request with the court where the case is filed.

A party requesting a civil jury trial shall file a written request with the court in which the case is filed

CRITICAL

Applies to

Motion

A motion seeking transfer of venue in a civil case must contain the prescribed requisites and state the precinct to which transfer is sought.

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.

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

CRITICAL

Applies to

Motion to retain

A motion to retain must state in writing the factual and legal grounds for keeping the case from dismissal for want of prosecution.

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.

CRITICAL

Applies to

Affidavit

The stated venue-transfer procedure requires the party's affidavit to be supported by affidavits from two credible county citizens asserting reason to believe the party cannot receive a fair and impartial trial.

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

CRITICAL

Applies to

Motion to withdraw

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.

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.

INFO

Applies to

Draft judgment or order

Where 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.