Travis County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements1 rule
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.
Document Filing Requirements5 rules
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.
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.
Except under Rules 8 and 10, a motion to withdraw may be granted without a hearing only if the attorney files the specified consents or alternative statement and a certificate with 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 written request for a civil jury trial must be filed no later than 14 days before trial is set, or the jury right is waived 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 4 | 2.4 Demand for Jury
A party has 10 days from notice of a mediation referral to object by motion; the court may excuse the case from mediation if it finds a reasonable basis for the objection.
Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral. If any party to a case files a motion objecting to the referral to mediation, and the court finds that there is a reasonable basis for the objection, the case may be excused from the referral.
Page 4 | 2.2 Mediation
A written request for an eviction jury trial must be filed at least 3 days before trial is set; 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 4 | 2.4 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 5 | 2.8 Matters Preliminary to Trial on the Merits
Motions to retain must be filed with the court at least 10 working days before the date specified in the dismissal 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 6 | 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain
The written basis for an objection to a motion to retain is due within 3 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 7 | 2.10
Pretrial motions must be filed and 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 10 | 3.3 Setting Cases
The defendant has 10 days to object to the transfer in writing.
(b) The defendant has 10 days to object in writing to the transfer.
Page 15 | 5.2
If a date mentioned in these rules falls on a court holiday, the applicable date is the first date after 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 8 | 2.13 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 5 | 2.8 Matters Preliminary to Trial on the Merits
If the stated 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 8 | 2.12 Motions to Withdraw as Attorney
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 10 | 3.3 Setting Cases
A motion to withdraw may be heard if the defendant has notice to appear by certified mail with return receipt requested or agrees in writing.
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 11
Authorization to serve citation is governed by Texas Rule of Civil Procedure 501.2 and any 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 8 | 2.14 Authorization to Serve Citation
Filing Fees and Waivers
The excerpt begins to require payment of the eviction jury fee or a Statement of Inability to Afford Payment, but ends mid-sentence.
The jury fee shall be paid or the Statement of Inability to Afford Payment of
Page 4 | 2.4 Demand for Jury
When filing a civil jury-trial request, the party must pay the jury fee or file a Statement of Inability to Afford Payment of Court Cost.
The jury fee shall be paid or a Statement of Inability to Afford Payment of Court Cost shall be filed upon filing the request.
Page 4 | 2.4 Demand for Jury
Jury fees are non-refundable.
Jury fees are non-refundable.
Page 4 | 2.4 Demand for Jury
Court Costs shall be filed upon filing the request. Once the demand is made and the fee paid, the request cannot be withdrawn without written approval of both parties. Jury fees are non-refundable.
Court Costs shall be filed upon filing the request. Once the demand is made and the fee paid, the request cannot be withdrawn without written approval of both parties. Jury fees are non-refundable.
Page 5
Pre-Motion Conference Requirements
In jury cases, covered motions, exceptions, and pleas must be presented and heard at the scheduled pre-trial hearing or they 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 scheduled pre-trial hearings will be deemed waived, except upon a showing of good cause.
Page 5 | 2.8 Matters Preliminary to Trial on the Merits
Adjournment & Extension Requirements
Continuance motions should be filed by Thursday of the week before trial or hearing, are heard at the court's discretion, and may be heard later only for grounds arising after that time; applicable notice and pleading requirements must be followed.
Motions for continuance should be filed not later than Thursday of the week preceding trial or hearing and will be heard at the discretion of the court. The notice and pleading requirements of law must be followed. Continuances may not be heard thereafter unless they allege grounds which arose only after that time.
Page 5 | 2.6 Continuances
Cases must be tried when scheduled unless the court grants a written State or Defense motion for continuance.
All cases shall be tried when set unless a written State or Defense motion for continuance is granted.
Page 10 | 3.3 Setting Cases
Pretrial hearings remain set for their scheduled day unless the court grants a written State or Defense motion for continuance.
All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 10 | 3.3 Setting Cases
At a 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 10 | 3.3 Setting Cases
Chambers Communication Rules
To schedule an Examining Trial, defense counsel must contact the criminal division of Justice of the Peace, Pct. 5 and request a setting.
In order to get a case set for Examining Trial, the attorney representing the Defendant must contact the criminal division of Justice of the Peace, Pct. 5 and request a setting.
Page 11 | 3.6 Examining Trials
Anyone communicating with court staff must not record, tape, or photograph unless the Court gives prior written approval.
Furthermore, recording, taping, or photographing by any means is strictly prohibited by anyone communicating with court staff at any time and by any means, unless expressly authorized by the Court with prior written approval.
Page 13
Attorneys should follow ethical canons concerning media discussions of cases and 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 13 | 4.5 Attorneys
Questions about jury impaneling or jury service may be directed to the jury office by phone.
Questions about the jury impaneling process and jury service may be addressed to the jury office at (512) 854-9669.
Page 3 | 1.6 Jury Selection