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Local Rules of Procedure and Decorum for the Justice Courts, Fort Bend County — Fort Bend County. The operative requirements are quoted verbatim from the governing document (registered/posted 06/24/2026); the document in custody is the controlling text.
Texas > Fort Bend County > Justice of the Peace Courts
[Cover page: seal of The State of Texas, Fort Bend County] Local Rules of Procedure and Decorum For the Justice Courts Fort Bend County, Texas Effective and Adopted May 15, 2026 TABLE OF CONTENTS Chapter 1: General ... 1 1.1 Objective ... 1 1.2 Scope ... 1 1.3 Jurisdiction ... 1 1.4 Organization ... 1 1.5 Calendar ... 1 1.6 Jury Selection ... 2 Chapter 2: Civil Cases ... 2 2.1 Filing of Cases ... 2 2.2 E-Filing ... 2 2.3 Setting Cases ... 2 2.4 Provision and Cost of Copies ... 2 2.5 Provision of Self-Addressed, Postage Paid Envelopes ... 3 2.6 Postponing Trial and Continuances ... 3 2.7 Conflicting Engagements of Attorneys ... 3 2.8 Withdrawal or Substitution of Counsel ... 3 2.9 Recording or Broadcasting of Court Proceedings ... 3 2.10 Assignment and Transfer of Cases ... 4 2.11 Dismissal for Want of Prosecution ... 4 2.11.1 Case Selection ... 4 2.11.2 Notice ... 4 2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain ... 4 2.11.4 Retained Cases ... 5 2.11.5 Includes All Pending Claims ... 5 2.12 Drafts of Judgments and Orders ... 5 2.13 Holidays and Other Temporary Closures ... 5 Chapter 3: Criminal Cases ... 5 3.1 Filing of Cases ... 5 3.2 Transfer of Pending Criminal Cases ... 5 3.3 Order of Transfer ... 6 3.4 First Appearance ... 6 3.5 Appointing of Counsel ... 6 3.6 Withdrawal or Substitution of Counsel ... 6 3.7 Recording or Broadcasting of Court Proceedings ... 6 3.8 Jury Selection ... 7 3.9 Setting Cases ... 7 3.9.1 Conflicting Engagements of Attorney ... 7 3.9.2 Pre-Trial ... 7 3.9.3 Jury Trial ... 7 3.10 Plea of Guilty or Nolo Contendere (No Contest) ... 8 3.11 Holidays and Other Temporary Closures ... 8 3.12 Magistrate Duties ... 8 Chapter 4: Administrative Jurisdiction ... 8 4.1 Driver’s License Suspension and Revocation Hearings ... 8 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings) ... 8 4.3 Other Administrative Jurisdiction ... 8 Chapter 5: Additional Duties of the Justices of the Peace ... 9 5.1 Officiate Wedding Ceremonies ... 9 Chapter 6: Rules of Decorum ... 9 6.1 General Rules of Courtroom Conduct ... 9 6.2 Attorneys ... 10 Adoption and Approval by Justices of the Peace ... 10 Chapter 1: GENERAL 1.1 Objective In accordance with provisions of Section 27.061 of the Texas Government Code, requiring the justices of the peace in each county to adopt local rules of administration and Section 15.0821 of the Texas Civil Practice and Remedies Code, requiring the transfer of pending civil case from one precinct to a different precinct, and Article 4.12 of the Texas Code of Criminal Procedure, requiring the justices of the peace in each county to adopt local rules of administration regarding the transfer of a pending misdemeanor case from one precinct to a different precinct, the Justices of the Peace in Fort Bend County adopt local rules to provide for administration of cases and for the assignment, docketing, transfer and hearing of cases. These rules are promulgated to provide a uniform system for the fair, impartial and prompt disposition of matters properly before the Justice Courts of Fort Bend County. They are to be interpreted consistent with this objective. 1.2 Scope These rules govern cases filed in the Justice Courts of Fort Bend County, Texas. They are promulgated pursuant to Section 27.061 of the Texas Government Code. 1.3 Jurisdiction The Justice Courts of Fort Bend County have jurisdiction over the following types of cases: (a) Civil cases in which the amount in controversy is $20,000.00 or less including but not limited to— i. debt claim cases, ii. small claim cases, iii. residential and commercial eviction cases, and iv. repair and remedy cases; (b) Requests for Occupation Driver’s License; (c) Administrative hearings as listed in Chapter 4 of these Local Rules; (d) Criminal offenses which are punishable by fine only, for traffic and Class C misdemeanors; (e) Cases involving animal cruelty and neglect; and (f) Peace Bonds. 1.4 Organization Each Justice Court in Fort Bend County has a specific geographical area of jurisdiction as determined by the Fort Bend County Commissioner’s Court. 1.5 Calendar Each Justice Court will keep a docket of scheduled hearings and trials. You may contact the Court to inquire about the Court’s docket. The elected Justice of the Peace 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 have another Fort Bend County Justice of the Peace, exchange benches whenever possible, so that there will be no interruptions in the work of each Court. 1.6 Jury Selection The Fort Bend County District Clerk’s Office uses an electronic method of selecting names of the persons assigned for jury service. In most instances, a juror summons is sent to an individual by regular mail via the U.S. Postal Service. In some instances when jury requests are made and the Court is under short time restrictions, the Court may provide the Fort Bend County Constable’s office in the precinct in which the trial is to be held with a juror summons for hand delivery to individuals chosen at random from public places in the county, who are determined to reside in Fort Bend County. Chapter 2: CIVIL CASES 2.1 Filing of Cases All civil cases shall be filed in accordance with the Part V of the Texas Rules of Civil Procedure (TRCP)—Rules of Practice in Justice Courts. There are four justice civil case types: Small Claims Cases, Debt Claim Cases, Repair and Remedy Cases, and Eviction Cases. 2.2 E-Filing All Fort Bend County Justice Courts accept E-filed documents. 2.3 Setting Cases All justice 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 Court shall be responsible for the setting of hearings and trials and for the notices thereof. 2.4 Provision and Costs of Copies In accordance with Part V of the Texas Rules of Civil Procedure (TRCP), 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, except when documents are e-filed. The Court may assess fees to the party who fails to comply with TRCP, in order to provide necessary copies of documents to parties being served. Fees for copies are $1.00 for a titled document’s first page and $0.25 for each additional page. 2.5 Provision of Self-Addressed, Postage-Paid Envelopes A party desiring to have file-stamped copies of any documents returned to them by mail, shall include with the original document to be filed an extra copy of the document and a self-addressed, postage-paid envelope for the Court’s return. 2.6 Postponing Trial/ Continuances When practicable, prior to filing a motion for postponement (continuance), the party seeking a postponement (continuance) in a justice civil case should attempt to confer with the opposing party or parties to secure an agreement to the delay. Requests for postponements (continuances) must be submitted in writing to the Court at least three (3) business days preceding the date of the trial or hearing, unless it be shown that the grounds for the request arose thereafter. Motions for postponement (continuance) may be considered by submission. 2.7 Conflicting Engagements of Attorneys 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. When informed that an attorney is in trial, the Court will verify the assignment. The case will be placed on “hold” or reset, depending upon the circumstances. If the attorney is not actually in trial or scheduled for trial as represented by the attorney or agent, the case may be tried without further notice. Attorneys assigned to trial in two Justice Courts in Fort Bend County for the same date must inform both Courts of the conflict, in writing, as soon as the conflict becomes apparent. The Justices of the Peace will agree on which case has priority, with consideration given to the following: (a) Jury Trials; (b) Criminal Cases; (c) Cases given preference by statute; and (d) Cases with the earliest filing date. 2.8 Withdrawal or Substitution of Counsel An attorney of record may withdraw from representation of a party only upon written motion for good cause shown. If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney. If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion. 2.9 Recording or Broadcasting of Court Proceedings Unless written permission is obtained from the Justice of the Peace, recording or broadcasting of Court proceedings is strictly prohibited. 2.10 Assignment and Transfer of Cases Notwithstanding other provisions of law regarding venue, a justice civil case, shall be heard by the Court in which the case was filed, unless presented with a proper transfer motion by a party in accordance with Part V of the Texas Rules of Civil Procedure, at which time the transfer motion will be set for a hearing, if required by the Court. If the transfer motion is granted, the Justice of the Peace will: (a) transfer the case to another Justice Court either in same Precinct and County, or another Precinct or County having proper venue and jurisdiction. (b) if the Justice of the Peace is disqualified to hear the case, assign the case to the nearest qualified Justice of the Peace in the county by exchanging benches. 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. If the transfer motion is denied, the case will be heard in the Court in which the plaintiff initially filed suit. 2.11 Dismissal for Want of Prosecution by the Court 2.11.1 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 or no return of the service of citation 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 the prior 180 days; (c) Any other case designated by the Court. 2.11.2 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. 2.11.3 Procedures for Retaining Cases and Objecting to Motions to Retain (a) Motions to retain shall be filed with the Court at least ten (10) business days prior to the date specified in the notice of dismissal for want of prosecution. (b) 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. (c) Parties objecting to a motion to retain shall state in writing the basis for any objection to the motion to retain within three (3) days of service of a motion to retain. (d) The Court may rule on the motion with or without a hearing; parties wanting to provide oral argument shall request a hearing in their motion or objection. (e) The Court shall notify all parties of the Court’s ruling on the motion. 2.11.4 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. 2.11.5 Includes All Pending Claims All references in this Chapter to a “case” shall include all pending claims in the matter. 2.12 Drafts of Judgments and Orders By Parties in a Suit 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” or “signed” should be used in the line provided immediately above the judge’s signature to show the date on which a judgment or order is signed. The Court may choose to draft its own order. 2.13 Holidays and other Temporary Closures When any date mentioned in these rules falls on a Court holiday or a date when the Court is temporarily closed, then the applicable date shall be the first business date following the holiday or temporary closure. Chapter 3: CRIMINAL CASES 3.1 Filing Cases Justice Court cases shall generally be filed: (a) in the precinct where the offense is alleged to have occurred, or (b) in the precinct in which the defendant or any of the defendants reside. 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. The Justice Court may transfer any juvenile case to the Fort Bend County Juvenile Court whenever a defendant also has pending juvenile cases with the Juvenile Court. 3.2 Transfer of Pending Criminal Cases Unless otherwise provided by a more specific Local Rule, the transfer of a criminal case from a Fort Bend County Justice Court to another Fort Bend County Justice Court in the precinct in which the offense was committed or in which the defendant resides, may be made by the Justice Court in which the case is pending. If a Justice of the Peace is disqualified from presiding in a criminal case, the Justice of the Peace will: (a) transfer the case to the other Justice of the Peace in the same Precinct; or (b) if the Justice of the Peace is disqualified to hear the case, assign the case to a qualified Justice of the Peace in the county by exchanging benches. 3.3 Order of Transfer 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. 3.4 First Appearance Unless otherwise directed by a Court, defendants will appear at the Justice of the Peace Court in which the case is filed, according to the date and location written on their citation or summons. Subsequent appearances will be scheduled by the Court. 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 Withdrawal or Substitution of Counsel An attorney becomes the 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 of record may withdraw from representation of a party only upon written motion for good cause shown. If another attorney is to be substituted as attorney for the party, the motion must provide the contact information for the substituting attorney. If no other attorney is to be substituted, the motion must be delivered to the party and contact information for the party must be provided in the motion. 3.7 Recording or Broadcasting of Court Proceedings Unless written permission is obtained from the Justice of the Peace, recording or broadcasting of Court proceedings is strictly prohibited. 3.8 Jury Selection The District Clerk’s Office uses an electronic method of selecting names of the persons assigned for jury service. In most instances, a juror summons is sent to individuals by regular mail via the U.S. Postal Service. In some instances when jury requests are made and the Court is under short time restrictions, the Court may provide the Fort Bend County Constable’s office in the precinct in which the trial is to be held with juror summons for hand delivery to individuals chosen at random from public places in the county, who are determined to reside in Fort Bend County. 3.9 Setting Cases Each Justice Court maintains its criminal docket, which are available at each respective Court. Attorneys or defendants may request reset of cases no later than twenty-four (24) hours before the current setting, unless the circumstances justifying the request for reset occur thereafter. Each Justice Court may have its own rules about reset allowances for certain case types. Contact the applicable Justice Court to learn about its specific rules. 3.9.1 Conflicting Engagements of Attorneys 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. When informed that an attorney is in trial, the Court will verify the assignment. The case will be placed on “hold” or reset, depending upon the circumstances. If the attorney is not actually in trial or scheduled for trial as represented by the attorney or agent, the case may be tried without further notice. Attorneys assigned to trial in two Justice Courts in Fort Bend County for the same date must inform both Courts of the conflict, in writing, as soon as the conflict becomes apparent. The Justices of the Peace will agree on which case has priority, with consideration given to the following: (a) Jury Trials; (b) Criminal Cases; (c) Cases given preference by statute; and (d) Cases with the earliest filing date. 3.9.2 Pretrial Upon request by a defendant or defense attorney, upon a plea of not guilty, or for any reason determined appropriate by the Justice of the Peace, a case will be set for a Pretrial. 3.9.3 Jury Trial Defense attorney and/or the defendant shall appear at the scheduled jury setting. If the defendant waives jury at the docket call, a written waiver, signed by counsel and/or defendant must be presented. 3.10 Plea of Guilty or Nolo Contendere (No Contest) Defendants may enter a plea of guilty or nolo contendere (no contest) at any time, with or without a plea agreement. Fort Bend County Justices of the Peace will maintain a “standard” fine assessment for offenses, in accordance with statutory provisions. Defendants may also elect to enter a plea of guilty or nolo contendere (no contest) and address the Judge regarding punishment. 3.11 Holidays and Other Temporary Closures When any date mentioned in these rules falls on a Court holiday or a date when the Court is temporarily closed, then the applicable date shall be the first business date following the holiday or temporary closure. 3.12 Magistrate Duties As a magistrate, the Justice of the Peace can act to order arrests; issue arrest warrants; find probable cause; set bail amounts and implement conditional terms of bail; commit persons to jail; issue emergency protective orders; and carry out other important duties within the criminal justice system. Chapter 4: ADMINISTRATIVE JURISDICTION 4.1 Driver’s License Suspension and Revocation Hearings These cases are filed by the Texas Department of Public Safety. The Department of Public Safety, after consulting the Court, will provide the original hearing date and time to the driver’s license holder. Requests for a reset of a hearing must be made in writing and submitted to the Court within twenty-four (24) hours of the scheduled hearing, unless a given situation arises that prevents the timeliness of the request. The Judge’s ruling on a reset request will be provided in writing; if a request is granted a new Court date and time will be provided by the Court. 4.2 Rights of Owners and Operators of Stored Vehicles (Tow Hearings) These cases are filed by vehicle owners or operators under Section 2308.452 of the Texas Occupations Code to determine whether probable cause existed for the removal and placement of a vehicle in a vehicle storage facility following the vehicle’s removal without the consent of the owner or operator. A proper request filed under this section with the applicable filing fees will trigger a hearing. The case is docketed by the court clerk and notice of hearing is mailed to the filing party and all other respondents listed in the petition (i.e., towing company, vehicle storage facility, person/entity/law enforcement agency who authorized the towing, etc.). 4.3 Other Administrative Jurisdiction The Justice of the Peace shall have jurisdiction over the following types of matters: (a) Emergency mental health detention hearings; (b) Disposition of stolen/seized property hearings; (c) Disposition of cruelly treated animals and dangerous animal cases; (d) Suspensions or denials of handgun license hearings; (e) Occupational driver license hearings; (f) Bail bonds; (g) Driver’s license suspension and revocation hearings; and (h) Environmental cases. If the above-listed case type is subject to a local standing order as agreed upon by the Justices of the Peace, then all petitions and applications related to such matters shall be filed in the designated Court pursuant to the standing order. Standing orders are published and maintained by the Office of Court Administration (OCA). Chapter 5: ADDITIONAL DUTIES OF THE JUSTICES OF THE PEACE 5.1 Officiate Wedding Ceremonies Marriage licenses are obtained from the county clerk’s office. Justices of the Peace have authority to officiate wedding ceremonies. Specific information regarding these services is available from each individual Justice of the Peace, who determines pricing and scheduling. Chapter 6: RULES OF DECORUM 6.1 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. As to all persons in the courtroom, there shall be: (a) no tobacco used; (b) no chewing gum; (c) no excessively short pants, skirts, dresses, bare midriffs, tank tops, or hats; (d) shirt tails shall be tucked into pants; (e) no audible cell phones or pagers (except cell phone(s) of essential court staff); (f) no bottles, cups or beverage containers except court provided water, pitchers and cups or as otherwise permitted by the Judge; (g) no food or other edibles; (h) no propping of feet on tables, chairs, railings or other courtroom furniture or architectural features and fixtures; (i) no weapons of any kind; (j) no noise or talking that interferes with court proceedings; and (k) no attire depicting or containing obscene or vulgar words, phrases or images. 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, nicknames or terms of endearment. All officers of the court should dress appropriately for court sessions. The Judge or bailiff shall have the right to remove or eject persons who fail to comply with these rules of conduct and decorum from the courthouse. 6.2 Attorneys and Pro Se Parties 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. Attorneys should advise their clients and witnesses of all local rules of procedure and decorum that may be applicable. All objections, arguments and other comments by counsel ora pro se party shall be directed to the Judge or jury and not to opposing counsel or parties. While another party is addressing the Judge or jury, an attorney or pro se party shall not stand for any purpose except to make an appropriate motion, request or objection to the Court. Attorneys and pro se parties should not approach the bench without leave of the Court and must never lean on the bench. Attorneys and pro se parties shall remain seated at the counsel tables at all times except: (a) when the Judge enters and leaves the courtroom; (b) when addressing the Judge or jury; and (c) whenever it may be proper to handle documents, exhibits, or other evidence (leave of court is not required). Attorneys and pro se parties should anticipate any need to use or move furniture, easels, or other equipment, and should make advance arrangements with the Court. Tables should not be moved during court sessions, unless approved by the Judge. ADOPTED and APROVED on this the [handwritten: 22] day of [handwritten: May], 2026. [signature] Honorable Kelly N. Crow, Justice of the Peace, Pct 1, Pl 1, Fort Bend County, Texas [signature] Honorable Tricia K. Krenek, Justice of the Peace, Pct 1, Pl 2, Fort Bend County, Texas [signature] Honorable Roderick Garner, Justice of the Peace, Pct 2, Pl 1, Fort Bend County, Texas [signature] Honorable JaPaula C. Kemp, Justice of the Peace, Pct 2, Pl 2, Fort Bend County, Texas [signature] Honorable Sonia Rash, Justice of the Peace, Pct 3, Pl 1, Fort Bend County, Texas [signature] Honorable Kenneth Cannata, Justice of the Peace, Pct 3, Pl 2, Fort Bend County, Texas [signature] Honorable Keisha T. Smith, Justice of the Peace, Pct 4, Fort Bend County, Texas [Footer on each page: Rev. 05/2026, with the page number (i, ii, then 1 through 11)]
[Cover page: seal of The State of Texas, Fort Bend County] Local Rules of Procedure and Decorum For the Justice Courts Fort Bend County, Texas Effective and Adopted May 15, 2026 TABLE OF CONTENTS Chapter 1: General ... 1 1.1 Objective ... 1 1.2 Scope ... 1 1.3 Jurisdiction ... 1 1.4 Organization ... 1 1.5 Calendar ... 1 1.6 Jury Selection ... 2 Chapter 2: Civil Cases ... 2 2.1 Filing of Cases ...
Reviewer note: Operative provisions transcribed verbatim by vision-read of the registered scanned document (rasterized at 170 dpi and read page-by-page this session); the registered document (sha256 0e76109d99c0…) is the controlling text. Full transcript retained in fb-transcripts/3011-jp-local-rules.md. [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 0e76109d99c0..., 14 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]