Washington 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.
- Attorneys or defendants may request a reset no later than 24 hours before the setting, unless the presiding judge determines that the justifying circumstances arose later.
- Continuance motions must be filed or raised at least 7 court business days before trial or hearing, subject to the stated good-cause and newly arising grounds exceptions; applicable notice and pleading requirements must be followed.
- Attorneys or defendants may request a case reset in writing, without fax or email, no later than three court business days before the current setting.
Document Format Requirements2 rules
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.
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 Requirements29 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Once either party requests a jury trial, that request cannot be withdrawn without written approval of both parties.
An attorney assigned to trial in two separate courts in Washington County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
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.
A continuance request 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.
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.
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.
A transfer order must identify the receiving court, and a copy must be delivered to each party or the party's attorney of record.
Court's wording
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 and a copy of the order shall be delivered to each party and/or their attorney of record.
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.
Before the case continues after substitution of 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.
An attorney be assigned to trial in two separate courts in Washington County for the same date must inform both courts of the conflict, in writing, as soon as the conflict becomes apparent.
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 10h day before trial.
A request by a party for such an arrangement must be made in writing at least seven court business days in advance of the hearing.
The defendant in a Civil Case that agrees to an Agreed Judgment must have their signature notarized or signed in person at Court or by their Attorney under Power of Attorney. This Rule is only in effect for Justice Court #1.
A draft order must have a heading showing the cause number, case style, and court in which the case is pending.
Court's wording
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 for the stated Texas Rules of Civil Procedure exceptions, a motion to withdraw may be granted without a hearing only if it includes the required attorney consents, client consent or specified explanation, and a certificate stating the client’s last known mailing address.
Court's wording
Except as provided in Rule 8 and 10, Texas Rules of Civil Procedure, a motion to withdraw will be granted without a hearing only if the moving attorney: Files written consents to the withdrawal signed by attorneys for all parties; 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, a written waiver, signed by counsel and/or defendant must be presented.
Pretrial settings must be requested and approved by the Court.
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.
The notice and pleading requirement of law must be followed.
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.
If either party wishes to provide oral arguments, they must request so in their motion or objection.
An attorney who becomes counsel of record in a misdemeanor case remains counsel of record until the court enters a written order relieving the attorney.
Court's wording
An attorney becomes an attorney of record in a misdemeanor case by listing his or her name on pleadings, by correspondence with the court indicating such, or by setting or resetting the case. He or she remains the attorney of record until relieved by written order of the court.
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 orders signed.
(b) The defendant has 10 days to object in writing to the exchange.
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.
Presiding Judge may require a "letter of representation" at the presiding Judge's sole discretion.
Filing & Service rules
Filing Timing and Cure Windows
A civil jury-trial request must be written and filed at least 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
An untimely jury demand waives the right to a jury trial unless the presiding judge excuses the late filing for good cause.
If the demand is not timely, then the right to a jury trial is waived, unless the late filing is excused by the presiding judge for good cause.
Page 7 | 3.3 Demand for Jury
A motion to retain must be filed at least 10 business days before the scheduled 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 9 | 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 9 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
The written request for a civil jury trial must be filed no later than the 10th 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 10h day before trial.
Page 3 | 2.4 Demand for Jury
A party must file any objection to a mediation referral within 10 days after notice.
Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral.
Page 3 | 2.2 Mediation
In non-jury cases, exceptions, motions, and pleas must be filed three court business days before the scheduled trial.
For non-jury cases all exceptions, motions and pleas must be filed three court business days before the scheduled trial before the court.
Page 4 | 2.6 Matters Preliminary To Trial on the Merits
A party's written request to appear by telephone must be made at least seven court business days before the hearing.
A request by a party for such an arrangement must be made in writing at least seven court business days in advance of the hearing.
Page 4 | 2.9 Hearing Conducted by Telephone
A date falling on a court holiday moves to the first court business day afterward; court holidays are determined by the Washington County Commissioner's Court and posted on the county website and courthouse notice board.
When any date mentioned in these rules falls on a court holiday, then the applicable date shall be the first court business day following the holiday. The court holidays shall be determined by the Washington County Commissioner's Court and are posted on the Washington County Website and Courthouse Notice Board.
Page 5 | 2.10.8 Court Holidays
Pretrial motions must be filed and served on the County Attorney 21 days before any pretrial hearing.
Pretrial motions must be filed and served on the County Attorney twenty-one (21) days prior to any pretrial hearing.
Page 6 | 3.3(a) Pretrial
A defendant has 10 days to object to a bench exchange.
(b) The defendant has 10 days to object in writing to the exchange.
Page 9 | 5.2. Criminal Cases
Defendants may enter a written guilty or no-contest plea at any time, with or without a plea agreement.
Defendants may enter a written plea of guilty or no contest at any time, with orwithout a plea agreement.
Page 7 | 3.4 Plea of Guilty or Nolo Contendere
Service and Proof of Service Rules
A copy of a transfer order must be delivered to each party or the 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 8 | 3.8 Assignment and Transfer of Cases
The written objection basis must be provided to the Court and 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 9 | 3.9.2 Procedures for Retaining Cases and Objecting to Motions to Retain
A copy of a transfer order must be delivered to each party or the party's attorney of record.
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 and a copy of the order shall be delivered to each party and/or their attorney of record.
Page 10 | 4.3 Order of Transfer
A movant must deliver each pleading to every opposing party and the court in the manner and within the time 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 4 | 2.6 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 5 | 2.10.7 Motions to Withdraw as Attorney
Before or when filing the return of service, the person making the return must also file an affidavit that they are not a party to and have no interest in the suit; the affidavit is part of the verified return.
Prior to, or in conjunction with the filing of return of service in any suit, the person the return shall also file an affidavit that he or she is not a party to and has no interest in said suit. The affidavit be part of the verified return required by Rule 107, Texas Rules of Civil Procedure
Page 5 | 2.10.9 Authorization to Serve Citation (Rule 103)
Pretrial motions must be served on the County Attorney 21 days before any pretrial hearing.
Pretrial motions must be filed and served on the County Attorney twenty-one (21) days prior to any pretrial hearing.
Page 6 | 3.3(a) Pretrial
A motion to withdraw may be heard when the defendant has notice to appear by certified mail, 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 7 | 3.6 Motions to Withdraw or Substitute
In Justice Court suits, 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.
Page 7 | 3.4 Provision and Cost of Copies
A person seeking court authorization to serve citations or notices may file a written affidavit application using the Court’s form or a similar suitable application, and the Court may authorize service upon approval.
A person wishing to be authorized by written order of the court to serve citations and other notices may file a written affidavit in application for authorization on a form supplied by the Court or a similar suitable application. Court may, upon approval of the application, authorize service by the applicant in appropriate suits pending in that Justice Court.
Page 5 | 2.10.9 Authorization to Serve Citation (Rule 103)
Filing Fees and Waivers
Jury fees must be paid when the jury-trial request is submitted and are nonrefundable.
Jury fees are to be paid at the time the request is submitted to the court. Jury fees are nonrefundable.
Page 7 | 3.3 Demand for Jury
The jury fee must be paid when the jury-trial request is filed.
The jury fee shall be paid upon filing the request.
Page 3 | 2.4 Demand for Jury
For failure to provide required copies, the court may assess up to $1.00 for the first page of a titled document.
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 7 | 3.4 Provision and Cost of Copies
Pre-Motion Conference Requirements
In jury cases, covered motions, exceptions, and pleas must be presented and heard at the pre-trial hearing or they are waived absent good cause; continuance motions based on new circumstances are excepted.
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 4 | 2.6 Matters Preliminary To Trial on the Merits
When practicable, a party seeking a continuance in a justice civil case should try to reach agreement 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 7 | 3.6 Postponing Trial / Continuances
Adjournment & Extension Requirements
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
Attorneys or defendants may request a reset no later than 24 hours before the setting, unless the presiding judge determines that the justifying circumstances arose later.
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 11 | RULE 4 – Criminal Cases
Continuance motions must be filed or raised at least 7 court business days before trial or hearing, subject to the stated good-cause and newly arising grounds exceptions; applicable notice and pleading requirements must be followed.
Motion for continuances must be filed or raised at least 7 court business days prior to the trial or hearing date. Presiding Judge may, for good cause shown, grant a continuance at anytime prior to trial or hearing. Motions will be heard at such time as scheduled by 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 3 | 2.5 Continuances
Pretrial hearings remain on the set date unless a written State or Defense motion for continuance is granted.
All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.
Page 6 | 3.3(a) Pretrial
Cases must be tried on the set date unless a written State or Defense motion for continuance is granted.
All cases shall be tried when set unless a written State or Defense motion for continuance is granted.
Page 6 | 3.3(b) Trial before the Court (TBC)
Attorneys or defendants may request a case reset in writing, without fax or email, no later than three court business days before the current setting.
Attorneys or defendants may request reset of cases in writing (no faxes or emails )no later than 3 court business days before the current setting in accordance with court rules.
Page 6 | 3.3 Setting Cases
The court verifies a reported trial conflict and resets the case upon confirmation; without confirmation, it 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 8 | 3.7 Conflicting Engagements of Attorneys
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
The Court verifies a reported trial conflict and resets the case if confirmed; if the attorney is not actually in trial as represented, 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 11 | 4.11 Conflicting Engagements of Attorneys
An attorney requesting a reset under the conflicting-engagement rule must ensure the presiding judge granted the motion.
An attorney who requests a reset under this rule is responsible for ensuring the motion was granted by the presiding judge.
Page 11 | 4.11 Conflicting Engagements of Attorneys
Chambers Communication Rules
Counsel must direct objections, arguments, and other comments to the Presiding Judge or jury, not opposing counsel.
(c) All objections, arguments, and other comments by counsel shall be directed to the PresidingJudge or Jury and not to opposing counsel.
Page 8 | 4.4 Attorneys
The Judge, the attorneys, and other officers of the court will refer to and address other court officers and other participants in the proceedings respectfully impersonally, as by using appropriate titles and surnames rather than first names.
The Judge, the attorneys, and other officers of the court will refer to and address other court officers and other participants in the proceedings respectfully impersonally, as by using appropriate titles and surnames rather than first names.
Page 8 | 4.3 General Rules of Courtroom Conduct - Continued
Attorneys should make advance arrangements with the court if they anticipate needing to move furniture, audio/visual equipment, or easels.
Attorneys should anticipate any need to move furniture, audio/visual equipment, or easels, and should make advance arrangements with the court.
Page 9
Attorneys should observe ethical canons, including those concerning media discussions of cases and improper ex parte communications with the Judge.
(a) 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 8 | 4.4 Attorneys