Justices of the Peace (JPs)
serve as trial court judge for three different kinds of civil lawsuits, as a trial
court judge for Class C misdemeanors, and as an administrative court judge for a
variety of miscellaneous court procedures. JPs are elected from precincts for four-year
terms. Justices of the Peace also act as notaries public, hold inquests, and
may perform marriages.
JPs hear three different kinds
of civil lawsuits.
(1) Evictions
(2) Justice Civil (up to a $10,000 limit)
(3) Small Claims (up to a $10,000 limit)
Eviction and Justice Civil
cases are conducted according to the rules of civil procedure and evidence. Small
Claims court (the people's court) cases are not bound by the rules of civil procedure
or evidence (the judge gets to ask questions). Post judgment proceedings on all
three different types of civil cases are the same, with the exception of the actual
eviction process itself which has its own set of rules.
JP courts also adjudicate
the class C misdemeanor criminal cases which are filed in their courts by the various
state and county agencies which are authorized to write citations, i.e. DPS, Sheriff's
Department, Constable's Office, Game Wardens, Cosmetology Commission, Health and
Water Departments, Plumbing Board, School Attendance offices, etc. A JP's duties
also include matters such as driver's license suspension hearings, deed restriction
cases, and disposition of stolen property hearings.
A JP is also a magistrate
and those duties include matters such as adult and juvenile magistrate's warnings
(on all classes of criminal offenses), arraignments on class C misdemeanors, magistrate's
emergency protective orders, and signing of probable cause warrants.
The rules relating to practice
before Justice Courts are found at Part V of the Texas Rules of Civil Procedure.
The rules relating to forcible
entry and detainer actions (evictions) are found at Part VII, Section 3 of the Texas
Rules of Civil Procedure.
Please be advised that neither
the Justices nor their Clerks can give legal advice.
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