JP1 Civil Suits

Contents

Downloadable Forms:

Information for Pro Se Litigants in Justice Court

Notice of New Discovery Control Plan

Requesting a continuance

Small Claims & Justice Court (applies to both)

Small Claims only

RULES TO APPEAL FROM JUSTICE COURT

FILING FEES IN ADDITION TO AN APPEAL BOND

Information for Pro Se Litigants in Justice Court

1. A " Pro-Se " litigant (plaintiff or defendant) is one who does not retain a lawyer and appears for himself in court.
2. Unlike Small Claims Court , in JUSTICE COURT you are expected to know and follow the laws and rules just as if you had an attorney. These rules include, but are not limited to , the Rules of Evidence, Rules of Civil Procedure, and The Lawyer ' s Creed.
3. You are prohibited from having any contact with the Judge presiding over the case unless all parties and their attorneys are present. This prohibited communication includes phone calls, notes, letters, messages, faxes, e-mails, and direct or indirect conversations. Formal pleadings, motions, and requests for relief filed with the clerk of the court are not considered prohibited communication .
4. For every pleading you file with the court, you must send a copy to the opposing party's attorney, or the opposing party if they are pro-se.
5. For any Court Setting or Court Order that you obtain, you must give notice to the opposing party's attorney, or the opposing party if they are pro-se . You must also file a copy of all such notices with the clerk of the court.
6. The Judge, court clerk, bailiff, or attorney for the opposing party cannot give you legal advice.
7. Violations of any of the above may result in severe sanctions being granted against you.

[top]

Notice of New Discovery Control Plan

The Texas Supreme Court issued a rewrite of the discovery rules for all civil suits filed in Texas, effective January 1, 1999. In this rewrite, the Supreme Court has issued a mandate that every civil case filed after January 1, 1999, shall be governed by a Discovery Control Plan. This requirement should not affect cases filed specifically as Small Claims cases, which are subject to a statutory discovery rule. You may want to seek legal advice if filing cases inJustice Court.

LEVEL I

Justice Court cases will, by definition, be subject to a Level I plan. Level I is restricted to any suit in which the plaintiff is seeking only monetary relief of $50,000, or less, excluding costs, pre-judgment interest, and attorney=s fees. (Rule 190.2). A Justice Court suit could be subject to either of the other levels if the parties request it and the court permits it. (Rule 190.2(b)). When a plaintiff files suit in Justice Court, the first paragraph of the petition must state that discovery will be conducted under LEVEL I, LEVEL II, OR LEVEL III. (Rule 190.1).

The discovery period begins when suit is filed and continues until 30 days before the trial date, unless an amended or supplemental pleading timely filed causes the discovery period to reopen. (Rule 190.2(b)). Depositions may total not more than six hours for each party, which may be expanded by agreement up to ten hours total. (Rule 190.2(c)(2)).

There can be no more than 25 written interrogatories per party served on the opposing party. (Rule 190.2(c)(3)). If the discovery period is reopened, a person previously deposed may be re-deposed. A trial date may be continued if necessary on motion of any party. (Rule 190.2(d)).

LEVELS II AND III

The parties to a civil action may agree to be governed by Level II (Rule 190.3); and the court shall order, on a party=s motion for good cause shown, or the court may order, on it=s own initiative, discovery under Level III (Rule 190.4). If the court orders a Plan under Rule 190.4, the Plan must include several specific items, including a trial date, discovery deadline, appropriate limits on the amount of discovery, and deadlines for joining additional parties, amending pleadings, and designating expert witnesses. (Rule 190.4(b)).

[top]

Requesting a continuance

Small Claims & Justice Court (applies to both)

• BY AGREEMENT OF PARTIES

Small Claims only 
28.032 GOVERNMENT CODE

• ONLY FOR GOOD CAUSE SHOWN (in writing) 
  Helpful hint: attach any documentation to support the request

Justice Court only
RULE 541 T.R.C.P.

• UPON WRITTEN APPLICATION FOR GOOD CAUSE 
  SUPPORTED BY AFFIDAVIT

Contacting the court by phone is not a lawful or proper request for continuance.

[top]

Any party to a suit may appeal judgments from Justice Court. A bond in an amount set by the court is required to perfect the appeal. An appeal bond may be posted either in cash, or by having two (2) sureties sign a written "oath" where they pledge to be responsible by listing their non-exempt personal property which may be seized and sold to satisfy of the bond amount. Appeal bond and surety bond forms are available online.

A pauper's affidavit may be filed in lieu of cash or surety. These forms are not provided by the court, and must be filed within FIVE (5) days from the date of judgment in Justice Court.

RULES TO APPEAL FROM JUSTICE COURT

• Bond must be filed with the court within TEN (10) days from the date of judgment.
• If for the defendant, bond shall be double the amount of the judgment, plus the amount of the costs incurred in the Justice Court and estimated costs in County Court at Law.
• If for the plaintiff, bond shall be double the amount of the costs incurred in the Justice Court and estimated costs in County Court at Law, less such sums paid by the plaintiff on the costs.
• The appealing party shall give notice of filing bond to all parties.

FILING FEES IN ADDITION TO AN APPEAL BOND

The cost to file an appeal with the Justice of the Peace is $10.00.

The County Clerk requires that the costs in the County Court at Law be paid within 20 days of appeal. You must contact the County Clerk to determine how much these costs are.

[top]