Harris Cnty. L. R. Just. Peace Ct. 2.4

As amended through August 27, 2024
Rule 2.4 - ASSIGNMENT OF CASES ON DISQUALIFICATION
A.Civil Cases

When presented with a proper motion supported by the sworn statements of two other credible persons as required by Rule 502.4(e), Texas Rules of Civil Procedure, the disqualified Justice of the Peace shall refer the civil case in which the motion was filed to the Presiding Judge.

If the movant is seeking a change of judge, the Presiding Judge will (i) assign another Justice of the Peace to exchange benches with the disqualified Justice of the Peace in order to hear the case, or (ii) assign a special judge to preside in the case.

If the party is seeking a change in location for trial, the Presiding Judge will assign the case for trial to the nearest qualified Justice Court and the disqualified Justice of the Peace shall transfer the civil case in which the motion was filed to the Justice Court to which the case was assigned.

B. Eviction Cases

Following the disqualification of the Justice of the Peace presiding in an eviction case, the disqualified Justice of the Peace shall refer the case to the Presiding Judge who will (i) transfer the case to the other Justice Court in the same Precinct, (ii) assign another Justice of the Peace to exchange benches with the disqualified Justice of the Peace in order to hear the case, or (iii) assign a special judge to preside in the case.

C.Criminal Cases

If the Justice of the Peace is disqualified from presiding in a criminal case, the disqualified Justice of the Peace will (i) transfer the case to the other Justice Court in the same Precinct, or (ii) transfer the case to a Justice Court in an adjacent Precinct.

D. Order of Transfer

An Order transferring the case shall identify the Court to which the case is being transferred and a copy of the Order shall be delivered to each party or their attorney of record.

Harris Cnty. L. R. Just. Peace Ct. 2.4

Adopted 6/28/2012; Amended 11/6/2013; Amended 11/12/2014; Amended 11/9/2021