Waller County Justice of the Peace Courts
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance request must be submitted in writing at least three business days before trial or hearing, unless its grounds arose later.
- An attorney or defendant may request an appearance reset no later than 24 hours before the setting, unless later-occurring circumstances justify the request as determined by the presiding judge.
Document Format Requirements1 rule
A draft of an order or judgement shall its own page and not typed on the same page as a pleading, motion, certificate of service, or any part thereof.
Document Filing Requirements15 rules
A party requesting a civil jury trial shall file a written request to the court no later than 14 days before the date a case is set for trial.
Once either party requests a jury trial, that request cannot be withdrawn without written approval of both parties.
Continuance requests must be submitted to the court in writing.
Court's wording
Requests for continuance must be submitted to the court in writing at least three business days preceding the date of the trial or hearing, unless it may be shown that the grounds for the request arose thereafter.
An attorney who is, or is scheduled, to be in trial in another court, will, in writing and as soon as the conflict becomes apparent, inform the Justice Court of the case number and the court in which the conflicting case is being tried.
Parties must provide enough copies of petitions and accompanying filed documents for all parties being served.
Court's wording
In accordance with Part V of the Texas Rules of Civil Procedure (TCRP), parties in Justice Court suits are responsible for providing an adequate number of copies of petitions and accompanying documents filed with the court for all parties being served.
In the instance that a case is transferred under Rule 4.2, of these rules, an order transferring the case shall identify the court to which the case is being transferred
He or she remains the attorney of record until relieved by written order of the court.
Before the case continues with substitute counsel, the court must receive written notice identifying the original attorney, substitute attorney, and defendant.
Court's wording
If an attorney is to be substituted as an attorney for the party, the court must receive written notification of the substitution prior to continuing with the case. The notification shall include the original attorney’s information, the substitute attorney’s information, and the defendant’s information for whom the substitution is occurring.
A party desiring to have file-stamped copies of any document returned to them by mail, shall include with the original document to be filed a self-addressed, postage-paid envelope for the court’s return.
An order transferring the case shall identify the court to which the case is being transferred and a copy of the order shall be delivered to each party or their attorney of record.
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.
If either party wishes to provide oral arguments they must request so in their motion or objection.
Each draft shall have a proper heading including the cause number, the style of the case, and the court in which the case is pending.
Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
As far as practicable, every draft of an order or judgment to be signed by a judge should be approved as to form by attorneys for all parties prior to being presented to the judge.
Filing & Service rules
Filing Timing and Cure Windows
A civil jury-trial request must be filed no later than 14 days before the scheduled trial date.
A party requesting a civil jury trial shall file a written request to the court no later than 14 days before the date a case is set for trial.
Page 7 | 3.3 Demand for Jury
A motion to retain must be filed at least 10 business days before the specified dismissal date.
Motions to retain shall be filed with the Court at least 10 business days prior to the date specified for the dismissal for want of prosecution.
Page 10 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
An objection to a motion to retain must be provided in writing to the Court and opposing party within 3 days after service of the motion.
Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Page 10 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
Service and Proof of Service Rules
A copy of the transfer order must be delivered to each party and/or the party’s attorney of record.
a copy of the order shall be delivered to each party and/or their attorney of record.
Page 11 | 4.3 Order of Transfer
A copy of a transfer order must be delivered to each party or that party’s attorney of record.
An order transferring the case shall identify the court to which the case is being transferred and a copy of the order shall be delivered to each party or their attorney of record.
Page 9 | 3.8 Assignment and Transfer of Cases
The written basis for an objection to a motion to retain must be provided to the opposing party.
Parties objecting to a motion to retain shall provide the Court and the opposing party in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.
Page 10 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
If the jury-selection process does not produce an appropriate jury pool, the presiding judge may order the precinct Constable to hand-deliver summonses to randomly chosen Waller County residents in public places.
When this process does not yield an appropriate number of jurors to build a pool, the presiding judge may order the Constable in the precinct to hand deliver jury summons to Waller County residents chosen at random in public places in Waller County.
Page 12 | 4.10 Jury Selection
Filing Fees and Waivers
Jury fees must be paid when the request is submitted and are non-refundable.
Jury fees are to be paid at the time the request is submitted to the court. Jury fees are non-refundable.
Page 8 | 3.3 Demand for Jury
The court may charge a noncomplying party up to $1.00 for the first page of a titled document and $0.25 for each additional page to provide necessary copies.
A Court may assess fees to the party who fails to comply with TCRP, in order to provide necessary copies of documents to parties, up to $1.00 for a titled documents first page and $0.25 for each additional page of the document.
Page 8 | 3.4 Provision and Cost of Copies
Pre-Motion Conference Requirements
When practicable, a party seeking a continuance should try to confer with the opposing parties before filing the motion.
When practicable, prior to filing a motion for continuance, the party seeking a continuance in a justice civil case should attempt to confer with the opposing party or parties in an effort to secure an agreement to the delay.
Page 8 | 3.6 Postponing Trial / Continuances
Adjournment & Extension Requirements
Applicable legal notice and pleading requirements must be followed for continuance requests.
The notice and pleading requirement of law must be followed.
Page 8 | 3.6 Postponing Trial / Continuances
A continuance request must be submitted in writing at least three business days before trial or hearing, unless its grounds arose later.
Requests for continuance must be submitted to the court in writing at least three business days preceding the date of the trial or hearing, unless it may be shown that the grounds for the request arose thereafter.
Page 8 | 3.6 Postponing Trial / Continuances
An attorney or defendant may request an appearance reset no later than 24 hours before the setting, unless later-occurring circumstances justify the request as determined by the presiding judge.
Attorneys or defendants may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by the presiding judge.
Page 12 | 4.7 Setting of Cases
The Court verifies the reported trial assignment and resets the case if confirmed; if the attorney is not actually in trial, the case may proceed without further notice, and the attorney must ensure the reset motion was granted.
When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice. An attorney who requests a reset under this rule is responsible for ensuring the motion was granted by the presiding judge.
Page 13 | 4.11 Conflicting Engagements of Attorneys
The court will verify a reported trial conflict and reset the case if confirmed; if the attorney is not actually in trial, the case may proceed without further notice.
When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice.
Page 8 | 3.7 Conflicting Engagements of Attorneys
An attorney requesting a reset is responsible for confirming that the presiding judge granted the motion.
attorney who requests a reset under this rule is responsible for ensuring the motion was granted by the presiding judge.
Page 9 | Section 3 – Civil Cases
The court may grant or deny a continuance motion with or without holding a hearing.
Motions for continuance may be granted or denied with or without a hearing by the court.
Page 8 | 3.6 Postponing Trial / Continuances
Chambers Communication Rules
An attorney assigned to trial in two Waller County courts on the same date must inform both courts in writing as soon as the conflict becomes apparent.
An attorney be assigned to trial in two separate courts in Waller County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
Page 13 | 4.11 Conflicting Engagements of Attorneys
An attorney who is or will be in trial elsewhere must notify the Justice Court in writing, as soon as the conflict becomes apparent, and identify the conflicting case and court.
An attorney who is, or is scheduled, to be in trial in another court, will, in writing and as soon as the conflict becomes apparent, inform the Justice Court of the case number and the court in which the conflicting case is being tried.
Page 13 | 4.11 Conflicting Engagements of Attorneys
An attorney assigned to trials in two Waller County courts on the same date must inform both courts in writing as soon as the conflict becomes apparent.
An attorney assigned to trial in two separate courts in Waller County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
Page 9 | Section 3 – Civil Cases
When an attorney has conflicting trial assignments in two Waller County courts, the Justices of the Peace confer to determine priority, considering jury trials, cases preferred by statute, and the earliest filing date.
The Justices of the Peace will confer on which case has priority, with consideration given to the following: (1) Jury Trials (2) Cases given preference by statute (3) Cases with the earliest filing date
Page 13 | 4.11 Conflicting Engagements of Attorneys