Washington County Justice of the Peace Courts Document Filing Requirements

CRITICAL

Applies to

Motion to retain

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

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.

CRITICAL

Applies to

Conflicting trial engagement notice

An attorney assigned to trial in two Washington County courts on the same date must promptly notify both courts in writing when the conflict becomes apparent.

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.

CRITICAL

Applies to

Draft order

Must include

case number

A draft order must have a heading showing the cause number, case style, and court in which the case 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

Draft order or judgment

Must include

caption, 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.

CRITICAL

Applies to

Transfer order

A transfer order must identify the receiving court, and a copy 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.

CRITICAL

Applies to

Conflict notice

Must include

case number

An attorney who is or will be in trial in another court must notify the Justice Court in writing as soon as the conflict becomes apparent and identify 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

Case transfer order

A transfer order must identify the receiving court, and a copy 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.

CRITICAL

Applies to

Substitution notice

Before the case continues after substitution of 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

Civil jury trial request

A request for a civil jury trial must be submitted in writing.

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

Continuance request

A continuance request 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

Jury trial demand withdrawal

A jury-trial request cannot be withdrawn without 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

Conflict notice

An attorney assigned to trial in two Washington County courts on the same date must notify both courts in writing as soon as the conflict becomes apparent.

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.

CRITICAL

Applies to

Conflicting trial engagement notice

Must include

case number

An attorney who is or will be in trial elsewhere must promptly notify the Justice Court in writing when the conflict becomes apparent and identify the case number and other 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

Objection to motion to retain

An objection to a motion to retain must state its basis in writing and 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.

CRITICAL

Applies to

Telephone appearance request

A party requesting to appear by telephone must make the request in writing 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.

CRITICAL

Applies to

Civil jury trial request

A party requesting a civil jury trial must file a written request with the court 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.

CRITICAL

Applies to

Jury waiver

If the defendant waives a jury, a written waiver signed by counsel and/or the defendant must be presented.

If the defendant waives jury, a written waiver, signed by counsel and/or defendant must be presented.

CRITICAL

Applies to

Agreed civil judgment

For Justice Court #1, a defendant agreeing to an agreed judgment must have their signature notarized, sign in person at court, or act through an attorney under Power of Attorney.

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.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Pretrial setting request

A pretrial setting must be requested and approved by the Court.

Pretrial settings must be requested and approved by the Court.

WARNING

Applies to

Draft order

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.

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.

WARNING

Applies to

Original document submitted for file stamped copy return

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

Order relieving counsel

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.

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.

WARNING

Applies to

Objection

A defendant's objection to a bench exchange must be made in writing.

(b) The defendant has 10 days to object in writing to the exchange.

WARNING

Applies to

Continuance request

Continuance requests must comply with the applicable legal notice and pleading requirements.

The notice and pleading requirement of law must be followed.

WARNING

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.

WARNING

Applies to

Motion or objection

A party wishing to present 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.

INFO

Applies to

Letter of representation

The Presiding Judge may require a letter of representation at the Judge's sole discretion.

Presiding Judge may require a "letter of representation" at the presiding Judge's sole discretion.

INFO

Applies to

Draft order

So far as practicable, drafts of judgments and orders should be approved as to form by attorneys for all parties before presentation 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.