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| View | A defendant in a debt claim filed a motion to dismiss based on that he received the hearing notice only 14 days before the hearing and that the plaintiff nor the court informed him that his attorney had passed away. He claims it was insufficient time to respond as he thought all this time that he was represented by this attorney and that it was a violation of due process. He then goes into his hardship issues. Since these are not any basis for me to grant his motion to dismiss, I denied the motion and gave him a 90-day continuance to prepare for his hearing and/or seek other legal counsel. He now files a motion to reconsider and request for clarification of the order denying his motion to dismiss. First, does the court have any obligation to notify the defendant when his attorney dies? I would think that he should be in constant communication with his attorney and that the attorney's office would have that obligation to notify all of his clients of his death. Second, in his request for clarification of order denying the motion to dismiss, is it enough to say there is no basis to grant this motion? Lastly, does the court always have to state in the order the reason why it is denying a motion? |
| View | Would a juvenile (16 yrs old-traffic offense) jury trial be handled any different than a jury trial for a non juvenile? |
| View | Our court had our first juvenile diversion docket, which by the way, was very successful. We did not have anyone that declined the program but I am not sure what to do with the cases that did not appear. Do we just refer those cases to court or how do we handle them? |
| View | Has the law changed in regards to ODL and people owing child support? Are they eligible for an ODL? |
| View | 2 questions. First question...Can a defendant bypass a pre-trial hearing and go directly to a jury trial at their request for their class c citation? Second question...If the defendant fails to show for their jury trial on their class c citation, can the Judge charge the cost of the jurors that were paid for showing up to the defendant then issue a warrant? |
| View | Does TJCTC have a judgment of conviction form? The criminal desk book says to issue a judgment of conviction for defendants who fail to appear at the Show Cause hearing for the DSC/Deferred noncompliance, however I did not see a form that is a Judgment of Conviction for this. |
| View | When I prepare and print documents and orders etc. from the LGS software program, many already have the judge's digital signature on them. Are these valid and do I have immunity as the clerk?
Thank you. |
| View | What documents are required to file a debt claim. Is it just a petition with the required information. |
| View | If I'm told to do something by my judge that is wrong to do eg. dismiss a small claim case where he didn't rule for the plaintiff or defendant after the hearing, do I still have immunity? |
| View | Am I expected as part of my clerk duties to notarise things for the public that are not related to any filings in our court?
Do I have immunity for that?
After some research, the $5000 bond I have that the county provides seems to protect the public individual and not me, but rather I'd have to pay damages back to the bonding insurance company. |
| View | This question pertains to service in a debt claims case. Is service considered proper if the return states that the documents were delivered to an individual whose identity was confirmed by physical description, followed by a description of the person served? I reviewed the return to see whether it indicates that the individual either accepted service or refused it; however, it does not specify whether the individual acknowledged being the named party.
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| View | What is the statute of limitation on a person to person verbal loan? No contract. It was just a hand shake or man of word kind of deal. |
| View | If a juror reports for juror duty and is not selected as a juror are they compensated OR is it only the jurors that are selected to remain as jurors on panel the only ones compensated? |
| View | I have a few questions on The Receiverships. Are they reported to OCA? I had a Protected Property Claim Form sent in and setting up a hearing. Do these hearings need to be reported to OCA? Is there a place in the deskbooks or another place, that lists all things that need to be reported to OCA? |
| View | Our local law enforcement agencies are starting to electronically send traffic ticket information through a batch system through LGS. Do we still need to have the hard copy of the original ticket with the sworn complaint and a wet signature from the officer? It was brought to my attention that it was needed to file a failure to appear on the defendant. |
| View | Our court has some old cases that have a plea and a copy of the ticket. No complaint, just the plea and ticket. Does the 2 year statute of limitation apply to these cases? |
| View | In two and a half years as a Justice of the Peace hearing truancy cases, only once have I heard back from the school district about compliance or non-compliance to truancy related court orders. For example, truants are always ordered to have no further unexcused absences. What can be done to encourage schools to report to the court about students' compliance or noncompliance to court orders? |
| View | Each April a local high school will send the court three to five truancy cases with 100-200 unexcused absences stretching back to the beginning of the school year. By the time the cases are forwarded to the DA's office, court dates scheduled and heard, these students, who are mostly seniors, are unlikely to remediate before the end of the school year. What may the court do to encourage the school district to report on truancy matters earlier so remediation efforts have time to correct poor behavior? |
| View | We recently discovered that DPS has declined to suspend the drivers' licenses of truants with the suspension noted in the court orders. DPS advised that they will suspend or revoke licenses only when a truant has been shown to be non-compliant with court orders issued after an adjudication of truancy has been issued. Our understanding of the juvenile deskbook about truancy on this matter seems to state that this DPS policy is inconsistent with past practices. |
| View | In a criminal case, traffic: jury trial, found guilty, defendant posted a cash bond twice the amount of judgment on the day of trial and wrote on a piece of paper that they are appealing the case with the case numbers listed. That is all that they gave as an appeal. Is that sufficient or does the defendant need to submit with the cash an actual appeal bond document with the court, case number, charge, amount, double the judgment, signed by defendant and place for judge’s signature? The county clerk will not accept it as is. They require a document stating appeal bond. |
| View | A motion for Nunc Pro Tunc has been filed by Plaintiff. The date of the Judgment was incorret and made dated incorrectly by the presiding Judge. However the presiding Judge over the case is no longer in office and has retired, question Does the newly elected Judge proceed with signing the corrected Judgment |
| View | D rec'd ticket for window tint 11/2021; we send courtesy letter 2/2022 and since no response sent to collections and OMNI. In 04/2025 D contacts court, enters NG plea and we set for pre-trial. At PT, D presents ADA proof of correcting the problem and ADA dismisses the case. Are we supposed to recall OMNI with no fee to be paid, what about dismissal fee for tint? |
| View | Do we need a translator for someone who has a trach that has requested a bench trial or is there anything in particular that the court can use to accommodate? |
| View | We received some Applications for Appointment of Receiver on cases that will go dormant within 180 days. My understanding is the orders can be granted because the judgments are still active now. How would that effect any future motions filed (ie order to extend receiver, order to disburse)? |
| View | Is there any training or updated information yet on how SB9 is going to affect us while doing magistrate duties? |
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