Polk County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Draft order

Must include

case number

A draft order must have a heading showing the cause number, the style of the case, and the court in which it is pending.

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.

CRITICAL

Applies to

Motion to withdraw as attorney

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.

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.

CRITICAL

Applies to

Motion to retain

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

(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.

CRITICAL

Applies to

Objection to motion to retain

An objection to a motion to retain must state its basis in writing.

(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.

CRITICAL

Applies to

Jury waiver

A defendant waiving a jury at docket call must present a written waiver signed by counsel and/or the defendant.

If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented.

INFO

Applies to

Draft judgment or order

So far as 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.