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The local rules of procedure and rules of decorum for the Justice of the Peace (Justice) Courts of Travis County (effective February 1, 2023), providing a uniform system for the fair, impartial and prompt disposition of matters before the Justice Courts.
Applies to practice before the Justice of the Peace Courts of Travis County. Procedural information only; not legal advice.
LOCAL RULES OF PROCEDURE AND RULES OF DECORUM FOR THE JUSTICE OF THE PEACE COURTS (JUSTICE COURTS) TRAVIS COUNTY, TEXAS EFFECTIVE February 1, 2023 CHAPTER 1 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 Travis County. They are to be interpreted consistent with this objective. 1.2 Scope These rules govern cases filed in the Justice Courts of Travis County, Texas. They are promulgated pursuant to Section 27.061 of the Texas Government Code. 1.3 Jurisdiction The Justice Courts of Travis 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 re-entry. (c) Administrative hearings involving revocation of drivers’ 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 (g) All other cases permissible under Texas law, including Section 27.031-27.034 of the Texas Government Code. 1.4 Organization Each Justice Court in Travis County has a specific geographical area of jurisdiction. 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. The elected judges will generally be available as indicated by these rules and the calendar. However, when a judge is not available due to 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 accumulated business within a precinct. A visiting judge of the Justice Courts, when sitting, has all the rights and powers of the justice of the peace while serving in that capacity but may not make personnel decisions about, or significant changes in, the justice of the peace’s office. A visiting judge shall serve in such courts and at such times as prescribed by the Presiding Judge of that court. 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) 854-9669. 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 Travis 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. Consistent with Rule 503.6(b) of the Texas Rules of Civil Procedure, the Justice Courts will not order mediation or any alternative dispute resolution process in an eviction case if it would delay 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 non-refundable. 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 or hearing 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. Each Justice Court may establish a procedure of submitting agreed orders to the Court without a setting. 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 or Video Conference 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 or video conference. 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 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 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 Requiring Oral Argument Oral arguments on motions to retain or objections to motions to retain, may be permitted at the Court’s discretion. 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 next setting. 2.10.8 Includes all Pending Claims References in this chapter to a “case” include all pending claims in the case. 2.10.9 The Court’s ability to modify DWOP procedures Each justice court may modify any procedures in these rules regarding Dismissal for Want of Prosecution by the Court. 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. 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. Request for language interpreter or special assistance for persons with disabilities shall be made at the time a plea is entered. Unless express permission has been granted by the Court, a telephone call does not constitute an appearance. 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 If not represented by an attorney, a defendant (or if represented by an attorney, the defendant’s attorney) may enter a plea of guilty or no contest at any time, with or without a plea agreement. If not represented by an attorney, a defendant (or if represented by an attorney, the defendant’s attorney) 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. 3.6 Examining Trials By agreement of the Travis County District Judges with criminal jurisdiction and the Justices of the Peace of Travis County, all Examining Trial under Article 16 of the Code of Criminal Procedure shall be set in Justice of the Peace, Pct. 5. In order to get a case set for Examining Trial, the attorney representing the Defendant must contact the criminal division of Justice of the Peace, Pct. 5 and request a setting. 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 may briefly introduce the judge presiding. After the judge sits, the bailiff shall state: “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 people 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 or tobacco substitute in any form, including electronic cigarettes and vaping devices used; (b) no chewing gum; (c) no excessively short pant, short skirts, 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. Recording, taping, or photographing by any means is strictly prohibited in any court proceeding, whether it is remote, in-person, or hybrid, unless expressly authorized by the Court with prior written approval. Furthermore, recording, taping, or photographing by any means is strictly prohibited by anyone communicating with court staff at any time and by any means, unless expressly authorized by the Court with prior written approval. Unauthorized recording, taping, or photography under these rules could result in contempt of court with a punishment of jail time, a fine, and/or both. 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 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. 4.5 Attorneys 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 Local Rules of Decorum that may be applicable. All objections, arguments, and other comments by counsel shall be directed to the judge or jury and not to opposing counsel. 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. Attorneys should not approach the bench without leave of court and must never lean on the bench. Attorneys shall remain seated at the counsel tables at all times except: (a) when the judge enters and leaves; (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 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. 4.6 Open Courtrooms The public doors to the courtroom shall remain unlocked during court sessions. All persons shall be permitted to enter the courtroom and observe any public proceeding during court sessions unless their exclusion is authorized by law 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 Travis 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 Travis 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. 5.3 School Attendance Cases A Justice Court may transfer a school attendance case to Gardner-Betts Juvenile Court whenever a defendant also has pending juvenile cases at Gardner-Betts. The transfer of other cases between Justice Courts shall be done in accord with Section 5.2 of these Justice Court Rules. 5.4 Bench Exchange Agreement Pursuant to Texas Government Code Sec. 27.054, the Justices of the Peace in Travis County hereby agree to exchange benches as a standing order, to exchange whenever convenient. This order shall automatically renew every five days until rescinded. Chapter 6 General Administration 6.1. Local Administrative Justice of the Peace The Justices of the Peace in Travis County may select from among themselves a Local Administrative Justice of the Peace (LAJP). The Local Administrative Justice of the Peace shall be selected during the month preceding the term the LAJP is to serve. The LAJP serves a term of two years beginning January 1st of even numbered years unless by a majority of the Travis County Justices of the Peace the selection is canceled and another Justice of the Peace is selected to serve the unexpired term. 6.2 Absence or disability of the Local Administrative Justice of the Peace The LAJP may designate a temporary LAJP if the LAJP is absent or disabled for any reason. 6.3 Duties of the Local Administrative Justice of the Peace The Local Administrative Justice of the Peace shall: a. Preside at any judges meetings; b. Appoint special or standing committees as necessary for court management and administration; c. Implement local rules and standing orders applicable to all Travis County Justices of the Peace d. Coordinate between the five Travis County Justices of the Peace regarding issues of administration and resources to other county offices or outside county entities. Each Justice of the Peace is solely in charge of their office in all matters including office administration, court cases, and personnel management. The Local Administrative Justice of the Peace role is to simply facilitate coordination between the five JP offices and does not have any oversight authority or management authority beyond the roles specified in these rules unless authorized by each Travis Justices of the Peace. [Each page carries a page number, 1 through 16.]
LOCAL RULES OF PROCEDURE AND RULES OF DECORUM FOR THE JUSTICE OF THE PEACE COURTS (JUSTICE COURTS) TRAVIS COUNTY, TEXAS EFFECTIVE February 1, 2023 CHAPTER 1 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 Travis County. They are to be interpreted consistent with this objec
Reviewer note: Composed 2026-09-06 from the TOPICs custody scan (text layer read). Bound to Travis County (justice courts). [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 9438d5ae27ca..., 16 page(s), digital layer that failed the machine checks; text taken from the layer 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]