Justice Court Jurisdiction 

An eviction case is a lawsuit to recover possession of real property, like land, a house, or an apartment building, from someone who is occupying it.
 

The most common eviction case is filed by a landlord to remove a tenant from the landlord’s property. 
 

An eviction suit must be filed in the precinct where the property is located.
 

A justice court does not have jurisdiction to resolve issues regarding title to real property, or determining who owns the property.
 

A defendant may not file a counterclaim or a third-party claim as part of an eviction suit. The claim would need to be brought in a separate suit.

Landlords must repair or remedy certain conditions in residential rental property. If violated, a tenant can repair and deduct remedies, file a suit to enforce the landlord’s duty to repair and remedy a condition materially affecting the health or safety of an ordinary tenant.
 

A landlord must make a diligent effort to repair or remedy a condition that materially affects physical health or safety or arises from the landlord’s failure to provide and maintain  a device to supply hot water at a minimum temperature of 120 degrees IF the tenant specifies the condition in a notice to the person or place where rent is normally paid AND the tenant is not delinquent in the payment of rent at the time of the notice.
 

A landlord does not have a duty to repair or remedy a condition caused by the tenant.

A small claims case is a suit to recover money damages, civil penalties, personal property, or other relief allowed by law and within the court’s jurisdiction
 

A justice court has jurisdiction of civil matters that does not exceed $20,000. Statutory interest and court costs do not count when determining the amount in controversy.
 

Rules 500 – 510 apply to civil cases in justice court.
All the other Rules of Civil Procedure and the Rules of Evidence, other than the rules related to the enforcement of judgments, do not normally apply in a civil case in justice court. Please visit the "Civil Rules" tab for more details.
 

The defendant’s answer is due by the end of the 14th day after the day the defendant was served with the citation and the petition.

A debt claim case is a suit to recover a debt by an assignee of a claim, a debt collector or collection agency, a financial institution, or a person.
 

The defendant’s answer is due by the end of the 14th day after the day the defendant was served with the citation and the petition.
 

If a party alleges an amount of damages that is outside of the court’s jurisdiction, then the party cannot reduce their claim to an amount within the trial court's jurisdiction.  
 

A justice court has jurisdiction of civil matters that does not exceed $20,000.
 

Statutes of Limitations for Common Justice Court Causes of Action for Debt Claim is 4 years.

If magistrate is informed under oath that an offense against a person or property is about to happen, the magistrate may issue a peace bond to prevent the offense.
 

The types of alleged offenses to which peace bond proceedings apply are threats to commit an offense against a person or property.
 

A complaint based upon an oath that the informant merely has “good reason to believe” that an offense is about to be committed is insufficient.
 

When a proper complaint is presented to the magistrate, the magistrate shall immediately issue a warrant for the arrest of the accused.
 

When the accused is brought before the magistrate, if satisfied that the offense was intended to be committed, or that the threat was seriously made, the magistrate shall order that the accused enter into a bond. 
 

If the magistrate believes from the evidence there is no good reason to believe that the offense was intended, or no serious threat was made, the accused shall be discharged, and costs may be taxed against the party who made the complaint.

An administrative proceeding is neither criminal nor civil.
 

The rules of civil and criminal procedure do not generally apply to administrative proceedings.
 

Follow the relevant statute and any attorney general opinions and case law that may exist for a particular proceeding.
 

Administrative proceedings include:

• Dangerous Dogs/Wild Animals​

• Animal Cruelty

• Disposition of Property

• Driver's License Suspension and Revocations

• Environmental and Public Nuisance Hearings

• ODL- Occupational Drivers' License

• Tow Hearings​

The official definition of inquest from Texas law is: “an investigation into the cause and circumstances of the death of a person and a determination made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission.” Code of Criminal Procedure Art. 49.01(2).
 

The justice of the peace does not “pronounce” someone dead. This is a common mistake. It makes sense, if you think about it – a judge should only be called when it is known that the person is in fact dead. Some of this confusion comes from the fact that a judge will need to state a time of death in the death certificate. We will talk about death certificates and what information is contained in them on page 43.
 

CREMATION POLICY
In Jim Wells County Texas, a Justice of the Peace is on call 24 hours per day, 7 days per week, 365 days per year. If a funeral home requests a 48 hour cremation waiver signed by a Justice of the Peace, they must first contact the Jim Wells County Sheriff’s dispatch office. 
The Sheriff’s office will then contact the on-call Justice of the Peace. 
The Judge will then contact the Funeral Home and review the request.

This policy is in compliance with Senate Bill 292   Texas Health and Safety Code Section 716.004.