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The local rules of procedure and rules of decorum for the Justice of the Peace Courts of Caldwell County (effective January 1, 2012, amended January 4, 2023), governing procedure and courtroom decorum in the county’s justice courts.
Applies to civil and criminal practice before the Justice of the Peace Courts of Caldwell County. Procedural information only; not legal advice.
[Seal: State of Texas · Caldwell County] LOCAL RULES OF PROCEDURE AND RULES OF DECORUM FOR THE JUSTICE OF THE PEACE COURTS CALDWELL COUNTY, TEXAS EFFECTIVE 1/01/2012 AMENDED 01/04/2023 Chapter1 GENERAL 1.1 Objective These rules are promulgated to provide a uniform system for the fair, impartial, and prompt disposition of matters properly before the Justice Courts of Caldwell County. They are to be interpreted consistent with this objective. 1.2 Scope These rules govern cases filed in the Justice Courts of Caldwell County, Texas. They are promulgated pursuant to Section 27.061 of the Texas Government Code. 1.3 Jurisdiction The Justice Courts of Caldwell County hear: (a) Civil cases in which the amount in controversy is $20,000.00 or less. (b) Eviction cases, both residential and commercial, including writs of reentry. (c) Administrative hearings involving revocation of driver's licenses, concealed handgun permits, etc. (d) Criminal offenses which are fine only, both traffic and Class C. (e) Cases involving animal cruelty and neglect. (f) Peace Bonds 1.4 Organization Each Justice Court in Caldwell County has a specific geographical area of jurisdiction. Precinct One serves the Central portion of Caldwell County; Precinct Two serves the Southern portion; Precinct Three serves the North and Northwestern portion; Precinct Four serves the north central and northeastern portion. Each court has its own court clerks responsible for setting cases on the individual docket of the court. 1.5 Calendar Each Justice Court will keep a docket of scheduled hearings and trials. A weekly docket shall be available to the public for each week's proceedings. The elected judges will generally be available as indicated by these rules and the calendar. However, when a judge is on vacation, at a judicial or educational conference, or has medical or dental needs, it is the policy of the Justice Courts to obtain a visiting judge, whenever possible, so that there will be no interruption in the work of each court. Visiting Judges are also scheduled to help with heavy workload or crowded dockets. Notice of the assignment of a visiting judge will be posted as soon as is practical. 1.6 Jury Selection The Justice Courts utilize the electronic method of selecting names of persons assigned for jury service. Jury impaneling is conducted in cooperation with the District, Municipal and County Courts. Questions about the jury impaneling process and jury service may be addressed to the jury office at 512-398-1824. Chapter 2 CIVIL CASES 2.1 Filing Cases All civil cases shall be filed in the Justice Court where one or more defendants may reside, except as otherwise provided by law. Eviction cases shall be filed in the Justice Court where the leased premises are located. All other civil cases may be filed according to any applicable jurisdiction and venue laws. It is the responsibility of the party filing a case to file in the correct court. 2.2 Mediation It is the policy of the Caldwell County Justice Courts to encourage the peaceful resolution of disputes and the early settlement of pending litigation. Each court shall determine which of its cases to refer to mediation and shall determine to which mediation service to refer a case. Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral. If any party to a case files a motion objecting to the referral to mediation, and the Court finds that there is a reasonable basis for the objection, the case may be excused from the referral. If either party fails to attend mediation or if no resolution is reached, the case is to be promptly set for trial. 2.3 Setting Cases All civil cases are to be brought to trial or final disposition as promptly as practicable. At any time the Court may order a pre-trial conference. The Court may enter an order or orders following each pre-trial conference, which would address any applicable matters. Each Justice Court shall be responsible for the setting of hearings and trials in each court and for the notices thereof. 2.4 Demand for Jury A party requesting a civil jury trial shall file a written request with the court in which the case is filed no later than 14 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived unless the late filing is excused by the judge for good cause. The jury fee shall be paid or a Statement of Inability to Afford Payment of Court Cost shall be filed upon filing the request. Once the demand is made and the fee paid or a Statement of Inability to Afford Payment of Court Cost, the request cannot be withdrawn without written approval of both parties. Jury fees are non-refundable. A party requesting an eviction jury trial shall file a written request with the court in which the case is filed at least 3 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived. The jury fee shall be paid or the Statement of Inability to Afford Payment of Court Costs shall be filed upon filing the request. Once the demand is made and the fee paid, the request cannot be withdrawn without written approval of both parties. Jury fees are nonrefundable. 2.5 Preferential Settings Preferential settings may be obtained at the discretion of the judge. 2.6 Continuances. Motions for Continuance should be filed not later than Thursday of the week preceding trial and will be heard at the discretion of 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. 2.7 Uncontested Docket Uncontested matters and routine matters of very short duration may be heard at the uncontested docket as scheduled by each court. The parties are responsible for arranging in advance with the court's clerk to have the files pulled and available for the court. If more than two cases will be presented at the uncontested docket, please inform the clerk of the cause number and style of each case at least 24 hours in advance. 2.8 Matters Preliminary to Trial on the Merits 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. For non-jury cases all exceptions, motions and pleas must be filed three days before the scheduled trial before the court. 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. 2.9 Hearings Conducted by Telephone At the discretion of the judge, a party or attorney may appear by telephone conference call. A request by a party for such an arrangement must be made in advance. In rare cases in the interest of justice, the court may permit a witness to appear by telephone conference call. Each judge will instruct the parties regarding arrangements for conference calls. At any time, even after the completion of a conference call, a judge may determine that a hearing by telephone will not be sufficient and may require a hearing in court upon notice to all parties. 2.10 Dismissal for Want of Prosecution by the Court 2.10.1 Case Selection The following cases are eligible for dismissal for want of prosecution sua sponte by the Court: (a) Cases on file for more than 120 days in which no answer has been filed; (b) Cases that have been on file for more than 12 months that are not set for trial and have had no filings or settings within 180 days; (c) Any other case designated by the Court. 2.10.2 Notice The court clerk shall give notice that certain cases will be dismissed for want of prosecution. Such matters will be dismissed on the date indicated in the notice of dismissal unless the Court orders it retained. 2.10.3 Docket Settings Only the Court may make a setting in cases set for dismissal. 2.10.4 Procedures for Retaining Cases and Objecting to Motions to Retain (a) Motions to retain shall be filed with the Court at least 10 working days prior to the date specified in the notice of dismissal for want of prosecution. (b) Any party who file a motion to retain shall state in writing the factual and legal bases why the case should not be dismissed for want of prosecution. (c) Parties objecting to a motion to retain shall state in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain. (d) The Court shall notify all parties of the Court's ruling on a motion to retain. 2.10.5 Cases Not Requiring Oral Argument Oral arguments on motions to retain or objections to motions to retain may be permitted by the Court. 2.10.6 Cases Requiring Oral Argument The Court shall notify the parties of the Court's decision to permit oral argument and shall notify the parties of any hearing on motion to retain. A party wanting to argue a motion to retain or an objection to retention may appear on the date and time set for dismissal of the case. 2.10.7 Retained Cases If the Court decides to retain the case, the Court will set the case for trial at the convenience of the Court. The Court will notify the parties of the setting. At the setting, the case will be tried or dismissed. 2.10.8 Includes all Pending Claims References in this chapter to a "case" include all pending claims in the case. 2.11 Drafts of Judgments and Orders 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. 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. 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 order is signed. 2.12 Motions to Withdraw as Attorney Except as provided in Rules 8 and 10, Texas Rules of Civil Procedure, a motion to withdraw will be granted without a hearing only if the moving attorney: (a) Files written consents to the withdrawal signed by attorneys for all parties; and (b) 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 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. 2.13 Holidays When any date mentioned in these rules falls on a court holiday then the applicable date shall be the first date following the holiday. The court holidays shall be published. 2.14 Authorization to Serve Citation Authorization to serve citation is governed by Rule 501.2 of the Texas Rules of Civil Procedure and any other applicable rules and laws. Chapter 3 CRIMINAL CASES 3.1 Filing Cases Justice Court cases shall be filed in accord with Article 4.12 of the Texas Code of Criminal Procedure. Offenses alleged to have been committed in more than one precinct may be filed in any precinct that the offense, or any portion of the offense, is alleged to have occurred. 3.2 First Appearance Unless otherwise directed, defendants will appear at the Justice Court in which the case is filed, according to the date and location written on their citation or summons. Subsequent appearances will be as scheduled by the Court. 3.3 Setting Cases. All criminal cases are to be brought to trial or final disposition as promptly as practicable. Each Justice court shall be responsible for the setting of dockets, hearings, and trials in each court and for the notices thereof. Announcement Docket/Pretrial Docket: Defendants may discuss their cases with a prosecutor, plead guilty or no contest to resolve the case, or reset the case for trial. Pretrial Hearing on Written Motions: Pretrials on written motions are normally conducted in Class C cases on the day of trial. Special pretrial settings on written motions must be requested and approved by the court. Pretrial motions must be filed and served on the County Attorney 21 days prior to any such hearing. All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted. Trial before the Court (TBC): Attorneys and defendants should not waive jury unless they intend the case to be tried on the TBC docket. All cases shall be tried when set unless a written State or Defense motion for continuance is granted. Jury Trial: Defense attorney and/or defendant shall appear at the scheduled jury setting. State and Defense must either announce ready or file a written motion for continuance. If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented. 3.4 Plea of Guilty or Nolo Contendere. Defendants may enter a plea of guilty or no contest at any time, with or without a plea agreement. Each Justice Court shall maintain a list of "standard" fines for various offenses. Defendants may also elect to enter a plea of guilty or no contest and address the Judge regarding punishment. 3.5 Appointment of Counsel. Indigent defendants are not entitled to a court appointed attorney, as a matter of law, when charged with a fine-only offense. 3.6 Motions to Withdraw or Substitute. An attorney becomes attorney of record in a misdemeanor case by listing his or her name on pleadings or by setting or resetting the case. He or she remains attorney of record until relieved by written order of the Court. 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. Motions to substitute counsel will be granted without hearing so long as the scheduling of trial will not be delayed by the change in counsel. Chapter 4 RULES OF DECORUM 4.1 Opening Procedure. Immediately before the scheduled time for the first court session on each day the bailiff shall direct all persons present to their seats and shall cause the courtroom to come to order. As the Judge enters the courtroom the bailiff or the court clerk shall state: "All rise." And while everyone is still standing, the bailiff shall announce: "Justice of the Peace Court, Precinct_ of Caldwell County, Texas is now in session, Judge_ presiding. Please be seated." 4.2 Recess When the Judge announces a recess, the bailiff shall state: "All rise." And all shall remain standing until the Judge leaves the courtroom, whereupon the bailiff shall announce: "The Court is now in recess". In reconvening after a recess, the bailiff shall call the courtroom to order and request everyone to rise as the Judge enters and shall state: "Please be seated." Before a recess of a jury trial, the jury will be excused, and all other person's present shall remain seated while the bailiff conducts the jury from the courtroom into the jury room. After a recess, the bailiff shall direct all jurors to the jury room and shall call the courtroom to order and request everyone to rise as the Judge enters, as in non-jury trials. The jury shall be returned to the jury box from the jury room, upon the instruction of the Judge. 4.3 General Rules of Courtroom Conduct. All officers of the court, except the Judge and jurors, and all other participants, except witnesses who have been placed under the rule, shall promptly enter the courtroom before the scheduled time for each court session. When the bailiff calls the Court to order, complete order should be observed. In the courtrooms there shall be: (a) No tobacco used; (b) No chewing gum; (c) No shorts, short pants, or bare midriffs; (d) No reading of newspapers; (e) No audible cell phones or pagers; (f) No bottles, cups or beverage containers except court water, pitchers and cups or as otherwise permitted by the Judge; (g) No edibles; (h) No propping of feet on tables or chairs; (i) No noise or talking that interferes with court proceedings. 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 and impersonally, as by using appropriate titles and surnames rather than first names. All officers of the court should dress appropriately for court sessions. 4.4 Attorneys (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. (b) Attorneys should advise their clients and witnesses of Local Rules of Decorum that may be applicable. (c) All objections, arguments, and other comments by counsel shall be directed to the Judge or jury and not to opposing counsel. (d) While another attorney is addressing the Judge or jury, an attorney should not stand for any purpose except to make an appropriate motion, request or objection to the Court. (e) Attorneys should not approach the bench without leave of court and must never lean on the bench. (f) Attorneys shall remain seated at the counsel tables at all times except: (1) When the Judge enters and leaves; (2) When addressing the Judge or jury; and (3) Whenever it may be proper to handle documents, exhibits, or other evidence (leave of court is not required.) (g) Attorneys should anticipate any need to move furniture, appliances, or easels, and should make advance arrangements with the Court. Tables should not be moved during court sessions, unless approved the Court. 4.5 Broadcast Media Requests to broadcast court proceedings shall be determined by each Judge on a case by case assessment after consultation with all the parties to a case. Chapter 5 TRANSFER OF CASES 5.1. Civil Cases. (a) At the Judge's discretion, a Justice of the Peace court in one precinct may transfer a pending civil case to another Justice of the Peace court in Caldwell County, provided that the receiving Judge has no objection to the transfer. (b) The parties lack standing to contest or request the transfer. (c) Once transferred, the case proceeds as if it arose originally in the court to which it was transferred. 5.2. Criminal Cases. (a) A judge may transfer a pending misdemeanor case to another Justice of the Peace court in Caldwell County, provided that the receiving Judge has no objection to the transfer. (b) The defendant has 10 days to object in writing to the transfer. (c) Once transferred, the case proceeds as if it arose originally in the court to which it was transferred. 5.4 Bench Exchange Agreement Pursuant to Texas Government Code Sec. 27.054, the Justices of the Peace in Caldwell County hereby agree to exchange benches as a standing order, to exchange whenever convenient. This order shall automatically renew every five days until rescinded. Approved by all Justice of the Peace of Caldwell County This the 9th Day of January 2012. Judge Matt Kiely Pct.1 Judge Homer Horne Pct. 2 Judge Alfonso Campos Pct. 3 Judge Raymond Deleon Pct. 4 Approved by all sitting Caldwell County Justices of the Peace. [signature] Matt Kiely JP Pct.1 [handwritten date: 1/10/23] [signature] Shanna Conley JP Pct. 2 [handwritten date: 1/10/23] [signature] Anita DeLeon JP Pct. 3 [handwritten date: 1-6-23] [signature] Yvette Mireles JP Pct. 4 [handwritten date: 1·6·23] [Chapter 5 is numbered 5.1, 5.2 and 5.4 in the source; there is no 5.3. The 2012 approval names are typed without signatures; the 2023 approval page carries the four signatures and dates shown.]
[Seal: State of Texas · Caldwell County] LOCAL RULES OF PROCEDURE AND RULES OF DECORUM FOR THE JUSTICE OF THE PEACE COURTS CALDWELL COUNTY, TEXAS EFFECTIVE 1/01/2012 AMENDED 01/04/2023 Chapter1 GENERAL 1.1 Objective These rules are promulgated to provide a uniform system for the fair, impartial, and prompt disposition of matters properly before the Justice Courts of Caldwell County. They are t
Reviewer note: Composed 2026-09-06 from the TOPICs custody scan (image-only; cover and title verified through the vision lane, full text in custody). County-wide Caldwell JP rules; bound to Caldwell County (JP courts). Summary kept to what the scanned cover supports. [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 40e512fcea7e..., 17 page(s), image-only scan; the OCR layer used as a typing base and corrected word by word from the page) read against the rendered file; verbatim, source typos kept, stamps/signatures bracketed; the earlier abstract replaced by the full instrument; confidence high. benchpath-tx-corpus0920-p12-2026-09-21]
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.