Polk County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Motions for continuance should be filed no later than three days before a scheduled court appearance, and applicable notice and pleading requirements of law must be followed.
Communication
Phone
Clerk
Document Format Requirements3 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 of the case, and the court in which it is pending.
b) The defendant has 10 days to object in writing to the transfer.
- Objection
Formatting
- •The objection must be in writing
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 Requirements6 rules
(b) 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.
(c) 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.
A draft order must have a heading showing the cause number, the style of the case, and the court in which it is pending.
Court's wording
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 of the case, and the court in which it is pending.
Except as provided by Texas Rules of Civil Procedure 8 and 10, a motion to withdraw may be granted without a hearing only if the attorney files the specified party consents, client consent or an explanation for its absence, 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 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 (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.
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 civil jury-trial request must be written and filed no later than 14 days before trial; an untimely demand waives the jury right unless the judge excuses the late filing for good cause.
A party requesting a civil jury trial shall file a written request with the court in which the case is filed no later than 14 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived unless the late filing is excused by the judge for good cause.
Page 2 | 2.4 Demand for Jury
An eviction jury-trial request must be written and filed at least 3 days before trial; an untimely demand waives the jury right.
A party requesting an eviction jury trial shall file a written request with the court in which the case is filed at least 3 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived.
Page 2 | 2.4 Demand for Jury
A party has 10 days from the date of notice to file a motion objecting to a mediation referral.
Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral.
Page 2 | 2.2 Mediation
In non-jury cases, all exceptions, motions, and pleas must be filed three days before the scheduled trial.
For non-jury cases all exceptions, motions and pleas must be filed three days before the scheduled trial before the court.
Page 2 | 2.5 Continuances
An objection to a motion to retain must state its basis in writing within three days after service of the motion.
(c) 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 3 | 2.9.4 Procedures for Retaining Cases and Objecting to Motions to Retain
A motion to retain must be filed at least 10 working days before the dismissal date specified in the notice.
(a) 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 3 | 2.9.4 Procedures for Retaining Cases and Objecting to Motions to Retain
In non-jury cases, exceptions, motions, and pleas must be filed three days before the scheduled trial.
For all non-jury cases all exceptions, motions and pleas must be filed three days before the scheduled trial before the court.
Page 3 | 2.7 Matters Preliminary to Trial on the Merits
Pretrial motions must be filed 21 days before the hearing.
Pretrial motions must be filed and served on the County Attorney 21 days prior to any such hearing.
Page 5 | Pretrial Hearing on Written Motions
A defendant has 10 days to object in writing to a criminal-case transfer.
b) The defendant has 10 days to object in writing to the transfer.
Page 7 | 5.2 Criminal Cases
If a date specified in these rules falls on a court holiday, the applicable date is the first date following 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 4 | 2.12 Holidays
Service and Proof of Service Rules
A movant must deliver each pleading to the opposing party and the court as provided 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
If the stated requirements are not satisfied, a motion to withdraw or substitute counsel must be presented at a hearing 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 at a hearing after notice to the client and to all other parties.
Page 4 | 2.11 Motions to Withdraw as Attorney
Adequate notice for a motion to withdraw is sent by certified mail with return receipt requested.
Adequate notice is by certified mail, return receipt requested.
Page 5 | 3.6 Motions to Withdraw or Substitute
Pretrial motions must be served on the County Attorney 21 days before the hearing.
Pretrial motions must be filed and served on the County Attorney 21 days prior to any such hearing.
Page 5 | Pretrial Hearing on Written Motions
Authorization to serve citation is governed by Texas Rule of Civil Procedure 501.2 and other applicable rules and laws.
Authorization to serve citation is governed by Rule 501.2 of the Texas Rules of Civil Procedure and any other applicable rules and laws.
Page 4 | 2.13 Authorization to Serve Citation
Filing Fees and Waivers
When filing an eviction jury-trial request, the filer must pay the jury fee or file a Statement of Inability to Afford Payment of Court Costs; jury fees are nonrefundable.
The jury fee shall be paid or the Statement of Inability to Afford Payment of Court Costs shall be filed upon filing the request. Jury fees are nonrefundable.
Page 2 | 2.4 Demand for Jury
When filing a civil jury-trial request, the filer must pay the jury fee or file a Statement of Inability to Afford Payment of Court Cost; jury fees are non-refundable.
The jury fee shall be paid or a Statement of Inability to Afford Payment of Court Cost shall be filed upon filing the request. Jury fees are non-refundable.
Page 2 | 2.4 Demand for Jury
The court accepts money orders, cashier’s checks, credit or debit cards, and exact cash for payments; personal checks are not accepted, and card transaction fees may apply.
The courts except money orders, cashier checks, credit/debit cards and exact cash for payments. (fees may apply for card transactions) Personal checks are NOT accepted
Page 1 | LOCAL RULES OF THE JUSTICE OF THE PEACE PCT 3 PL 1, POLK COUNTY TEXAS
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, except continuance motions based on new circumstances.
Except for motions for continuance based on new circumstances, all motions in limine, exceptions and all pre-trial motions and pleas in each jury case shall be presented and heard at pre-trial hearing.
Page 3 | 2.7 Matters Preliminary to Trial on the Merits
Adjournment & Extension Requirements
Cases will be tried as scheduled unless a written State or Defense motion for continuance is granted.
All cases shall be tried when set unless a written State or Defense motion for continuance is granted.
Page 5 | Trial before the Court (TBC)
At the jury setting, the State and Defense must announce ready or file a written motion for continuance.
State and Defense must either announce ready or file a written motion for continuance.
Page 5 | Jury Trial
A pretrial hearing will proceed as scheduled unless a written State or Defense motion for continuance is granted.
All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 5 | Pretrial Hearing on Written Motions
Motions for continuance should be filed no later than three days before a scheduled court appearance, and applicable notice and pleading requirements of law must be followed.
Motions for Continuance should be filed no later than three days preceding any scheduled court appearances. The notice and pleading requirements of law must be followed.
Page 2 | 2.5 Continuances
Chambers Communication Rules
A judge may permit a party or attorney to appear by telephone upon an advance request, and may rarely permit a witness to do so in the interest of justice; the requesting party arranges the call, and the judge may require an in-court hearing with notice to all parties.
At the discretion of the judge, a party or attorney may appear by telephone conference call. A request by a party or attorney for such an arrangement must be made in advance. In rare cases, in the interest of justice, the court may permit a witness to appear by telephone conference call. A judge will not initiate a conference call. All arrangements 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 3 | 2.8 Hearings Conducted by Telephone
The parties must arrange in advance with the clerk to have the 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 | 2.6 Uncontested Docket
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.
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 | 2.6 Uncontested Docket
Attorneys should anticipate any need to move courtroom furniture, appliances, or easels and arrange this with the court in advance.
Attorneys should anticipate any need to move furniture, appliances, or easels, and should make advance arrangements with the court.
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Questions about jury impaneling may be directed by phone to the District Clerk's office.
Questions about the jury impaneling process may be directed to the District Clerk's office at 936-327-6814.
Page 2 | 1.6 Jury Selection