Rusk County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Draft order

Must include

case number

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.

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

Objection to motion to retain

An objection to a motion to retain must be written and state the basis for the objection.

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

Transfer order

The judge requesting a bench exchange must initiate a transfer order, which must be signed by both judges before any case is adjudicated.

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.

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

CRITICAL

Applies to

Civil jury trial request

For a small claim or debt claim, a party requesting a civil jury trial must file a written request with the court 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.

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 required party and client consents or the specified explanation, 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. 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.

WARNING

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.