Rusk County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
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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 of the 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 Requirements7 rules
The judge requesting the exchange will initiate the transfer order to ensure it is signed by both judges prior to the adjudication of any cases.
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 for a small claim or debt claim case.
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 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 required party and client consents or the specified explanation, 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 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.
If the defendant waives a 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
For a small claim or debt claim, a civil jury trial request 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 for a small claim or debt claim case.
Page 2 | Demand for Jury
A party may file a written jury demand in an eviction case by requesting it at least three days before trial.
Any party may file a written demand for trial by jury in an eviction case by making a request to the court at lease three (3) days before the trial date.
Page 2 | Demand for Jury
In non-jury cases, 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 3 | 2.5 Matters Preliminary to Trial on the Merits
A plaintiff may file a motion to reinstate no later than 14 days after the dismissal order is signed.
Pursuant to TRCP 505.3(a), a plaintiff whose case is dismissed may file a motion to reinstate the case no later than 14 days after the dismissal order is signed.
Page 3 | 2.7.4 Procedures for Retaining Cases and Objecting to Motions to Retain
An objection to a motion to retain must be in writing, state its basis, and be made within three 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 3 | 2.7.4 Procedures for Retaining Cases and Objecting to Motions to Retain
A date under these rules that falls on a court holiday moves to 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 | 2.10 Holidays
A defendant has 10 days to object to a criminal-case transfer in writing.
The defendant has 10 days to object in writing to the transfer.
Page 7 | 5.2 Criminal Cases
Service and Proof of Service Rules
The movant must deliver each pleading to the opposing party and the court as 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 | 2.5 Matters Preliminary to Trial on the Merits
The plaintiff must serve the defendant with the motion to reinstate by an approved Rule 501.4 method no later than the next business day.
The plaintiff must serve the defendant with a copy of the motion no later than the next business day using a method approved under Rule 501.4.
Page 3 | 2.7.4 Procedures for Retaining Cases and Objecting to Motions to Retain
If the listed requirements are not met, 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 | 2.9 Motion to Withdraw as Attorney
A motion to withdraw may be heard when the defendant has notice to appear or agrees in writing; adequate notice must be sent 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 5 | 3.6 Motions to Withdraw or Substitute
Filing Fees and Waivers
The jury fee must be paid when the jury request is filed.
The jury fee shall be paid upon filing the request.
Page 2 | 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 are waived absent good cause, except for 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. All such exceptions, motions, and pleas not presented and heard at the scheduled pre-trial hearing will be deemed waived, except upon a showing of good cause.
Page 3 | 2.5 Matters Preliminary to Trial on the Merits
The Court may permit oral argument on motions to retain and objections to motions to retain.
Oral arguments on motions to retain or objections to motions to retain, may be permitted by the Court.
Page 3 | 2.7.5 Cases Not Requiring Oral Argument
A party wishing to argue a motion to retain or an objection to retention may appear at the date and time set for dismissal.
A party wanting to argue a motion to retain or an objection to retention may appear on the date and time set for dismissal of the case.
Page 4 | 2.7.6 Cases Requiring Oral Argument
Adjournment & Extension Requirements
At the scheduled jury setting, the defense attorney and/or defendant must appear, and the State and Defense must announce ready or file a written motion for continuance.
Jury Trial – Defense attorney and/or defendant shall appear at the scheduled jury setting. State and Defense must either announce ready or file a written motion for continuance.
Page 5 | 3.3(c) Jury Trial
Pretrial hearings remain set for their scheduled day unless the court grants a written State or Defense motion for continuance.
Pretrial – All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 5 | 3.3(b) Announcement Docket – Pretrial
Continuances are decided on the merits of each case, and applicable notice and pleading requirements must be followed.
Continuance will be heard on the merits of each individual case. The notice and pleading requirements of law must be followed.
Page 3 | 2.4 Continuances
Attorneys or defendants may reset a case no later than the day before its current setting, subject to court rules.
Attorneys or defendants may reset cases no later than the day before the current setting in accordance with court rules.
Page 5 | 3.3 Setting Cases
Chambers Communication Rules
The judge will not initiate a conference call, and the requesting party must arrange the call with the telephone operators.
A judge will not initiate a conference call. All arrangements with telephone operators must be made by the requesting party.
Page 3 | 2.6 Hearings Conducted by Telephone
A party or attorney may appear by telephone if the judge allows it, but a party must request the arrangement in writing in advance.
At the discretion of the judge, a party or attorney may appear by telephone conference call. A request by a party for such an arrangement must be made in writing, in advance.
Page 3 | 2.6 Hearings Conducted by Telephone
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.
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 7 | 4.2 Attorneys
Questions about jury impaneling or jury service may be directed to the jury office at 903-657-0353.
Questions about the jury impaneling process and jury service may be addressed to the jury office at 903-657-0353.
Page 2 | Jury Selection