Current "Ask the Judge" Column in La Prensa, 5-15
Ask the Judge: The Appeals Process
When a defendant/plaintiff loses a case in Justice of the Peace Court, his/her only option other than to accept the verdict as rendered is to appeal to County Court.
Unlike higher courts, where the verdict can be appealed to an even higher court all the way up to the Texas Supreme Court and even the US Supreme Court, defendants/plaintiffs get one appeal that will be determined by a County Court.
Justice of the Peace Courts are not considered a court of record. No one takes notes and there are no official transcripts of the trial. Therefore it is considered a trial de novo by law, a form of appeal in which the appeals court holds a trial as if no prior trial had been held.
To be more precise, the new judge hears the evidence as if it is the first time the case is ever heard. With a new Judge, the appealer gets a second hearing and technically a “second bite at the apple.” A trial de novo is common on appeals from Small Claims/Civil Claims Court judgments.
Should the person appealing the case file for a re-hearing, he/she must pay a filing fee in the Justice of the Peace Court within the time limits to set the case for re-trial in the County Court and post a cash bond.
In Small Claims Court, the case must be appealed within 10 days or the case can not be heard in the higher court and the verdict stands. If the case is related to an eviction, the filer must do so within five days and post a bond that is equivalent to one month’s rent. Until the case is re-set for hearing in County Court, the tenant is still required to continue to pay rent.
The tenant must vacate within five days unless they appeal. Should they choose not to appeal and refuse to leave, a writ of possession is issued and once served on the tenant, the constable’s deputies will physically remove the tenant and all the tenants belongings from the premises will be put out on the street.
When a person appeals in a Small Claims Court or in Eviction Court, it is highly recommended but not mandatory that the appealer hire an attorney since the standards for rules of evidence is a little more narrowly defined.
Other cases in Justice of the Peace Court can be appealed, (truancy related, & traffic tickets) although the Small Claims & Eviction Courts are the most commonly appealed cases in JP Court.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker (photo) is a Vietnam Veteran and a former Journalist.
When a defendant/plaintiff loses a case in Justice of the Peace Court, his/her only option other than to accept the verdict as rendered is to appeal to County Court.
Unlike higher courts, where the verdict can be appealed to an even higher court all the way up to the Texas Supreme Court and even the US Supreme Court, defendants/plaintiffs get one appeal that will be determined by a County Court.
Justice of the Peace Courts are not considered a court of record. No one takes notes and there are no official transcripts of the trial. Therefore it is considered a trial de novo by law, a form of appeal in which the appeals court holds a trial as if no prior trial had been held.
To be more precise, the new judge hears the evidence as if it is the first time the case is ever heard. With a new Judge, the appealer gets a second hearing and technically a “second bite at the apple.” A trial de novo is common on appeals from Small Claims/Civil Claims Court judgments.
Should the person appealing the case file for a re-hearing, he/she must pay a filing fee in the Justice of the Peace Court within the time limits to set the case for re-trial in the County Court and post a cash bond.
In Small Claims Court, the case must be appealed within 10 days or the case can not be heard in the higher court and the verdict stands. If the case is related to an eviction, the filer must do so within five days and post a bond that is equivalent to one month’s rent. Until the case is re-set for hearing in County Court, the tenant is still required to continue to pay rent.
The tenant must vacate within five days unless they appeal. Should they choose not to appeal and refuse to leave, a writ of possession is issued and once served on the tenant, the constable’s deputies will physically remove the tenant and all the tenants belongings from the premises will be put out on the street.
When a person appeals in a Small Claims Court or in Eviction Court, it is highly recommended but not mandatory that the appealer hire an attorney since the standards for rules of evidence is a little more narrowly defined.
Other cases in Justice of the Peace Court can be appealed, (truancy related, & traffic tickets) although the Small Claims & Eviction Courts are the most commonly appealed cases in JP Court.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker (photo) is a Vietnam Veteran and a former Journalist.
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