Waller County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Jury trial request withdrawal

A jury-trial request may be withdrawn only with written approval from both parties.

Once either party requests a jury trial, that request cannot be withdrawn without written approval of both parties.

CRITICAL

Applies to

Continuance request

Continuance requests must be submitted to the court in writing.

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.

CRITICAL

Applies to

Transfer order

A transfer order must identify the court to which the case is transferred.

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

CRITICAL

Applies to

Order relief as counsel

An attorney remains attorney of record until relieved by a written court order.

He or she remains the attorney of record until relieved by written order of the court.

CRITICAL

Applies to

Jury trial request

A civil jury-trial request must be in writing and filed with the court at least 14 days before trial.

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.

CRITICAL

Applies to

Notification of substitution

Before the case continues with substitute counsel, the court must receive written notice identifying the original attorney, substitute attorney, and defendant.

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.

CRITICAL

Applies to

Conflicting trial notice

An attorney who is or will be in trial in another court must promptly notify the Justice Court in writing once the conflict becomes apparent, identifying the conflicting case number 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.

CRITICAL

Applies to

Petition and accompanying documents

Parties must provide enough copies of petitions and accompanying filed documents for all parties being served.

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.

WARNING

Applies to

Motion to retain

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

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.

WARNING

Applies to

Original filing

A party requesting mailed return of file-stamped copies must include a self-addressed, postage-paid envelope with the original filing.

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.

WARNING

Applies to

Transfer order

A transfer order must identify the receiving court.

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.

WARNING

Applies to

Motion or objection

A party wishing to provide oral argument must request it in the motion or objection.

If either party wishes to provide oral arguments they must request so in their motion or objection.

WARNING

Applies to

Draft order or judgment

Must include

case number

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.

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.

WARNING

Applies to

Objection to motion to retain

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

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.

INFO

Applies to

Draft order or judgment

As far as practicable, attorneys for all parties should approve a draft order or judgment as to form before it is presented to the judge.

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.